Texas Sees Surge in Infant Deaths, Parents Advocate for Change

Texas is grappling with a significant increase in infant deaths, with preliminary state data indicating a rise of over 7 percent since 2021. Hospitals are reporting more newborn fatalities, intensifying discussions around reproductive and perinatal care. The growing concern has prompted the introduction of Everly’s Law, a new legislative measure aimed at providing grieving families with more time with their deceased infants in hospital settings.

According to KXAN’s investigative reporting, the early figures are alarming and merit greater public health scrutiny. The data reflects a broader trend in the state, with a peer-reviewed analysis published in JAMA Pediatrics revealing an even steeper increase of approximately 12.9 percent in infant deaths from 2021 to 2022. The study, led by researchers from Johns Hopkins University, estimated around 216 excess infant deaths between March and December 2022, with a notable rise in fatalities associated with congenital anomalies.

The analysis suggests that the increase may be linked to legislative changes requiring pregnancies to continue, even in cases of lethal fetal diagnoses. While the study does not establish causation, the implications are concerning. National discussions have echoed these findings, highlighting a potential correlation between the Supreme Court’s Dobbs decision and rising infant mortality rates, especially among marginalized groups.

Understanding Everly’s Law

House Bill 37, known as Everly’s Law, aims to enhance perinatal bereavement care by establishing a dedicated initiative at the Texas Department of State Health Services. This law mandates that hospitals with maternal care designations provide bereavement counseling and perinatal bereavement devices to families following stillbirths or neonatal deaths.

Under the law, a perinatal bereavement device is defined as equipment capable of delaying the deterioration of human tissue for up to 72 hours. The initiative will also provide training and grants to help hospitals improve their bereavement services. Set to take effect on September 1, 2025, the law prioritizes hospitals that serve high-risk patients and aims to ensure that families receive compassionate care during their most difficult moments.

As hospitals prepare for implementation, those lacking bereavement devices will likely receive state-supported equipment and training first. Advocacy groups are already collaborating with hospitals to expand access to these devices, known as cuddle cots, which facilitate family bonding time after a loss. Although these devices are crucial, clinicians emphasize that addressing broader challenges in prenatal care and social services is equally important.

Implications for Families and Healthcare Providers

Many researchers and healthcare professionals view the increase in infant mortality as part of a complex chain reaction. Stricter abortion laws may lead to more pregnancies with severe anomalies, subsequently affecting neonatal and infant mortality rates. Clinicians report that the legal uncertainties following the Dobbs decision have caused hesitancy and delays in care, highlighting the need for clearer regulations that prioritize patient welfare.

Public health experts stress the importance of preventative measures, including quality prenatal care and education on safe sleep practices. These initiatives, coupled with bereavement support, aim to address the multifaceted issues contributing to infant mortality in Texas.

The JAMA Pediatrics study correlated the rise in infant deaths to the implementation of SB8, Texas’s 2021 law that restricts abortion after embryonic cardiac activity without exemptions for severe fetal anomalies. Legal experts acknowledge the difficulty of disentangling the effects of specific laws from broader healthcare system dynamics, yet the data has reignited discussions in Austin about aligning state laws with clinical practices and patient needs.

As Everly’s Law approaches its implementation date, stakeholders must navigate the logistical challenges of establishing the new bereavement program while continuing to analyze statewide data. Advocates and public health officials remain vigilant, aiming to determine whether this initiative will alleviate some of the distress for grieving families and how evolving policies will impact the health outcomes for newborns in Texas.