Mark Obenshain

During his run for attorney general in 2013, Obenshain was criticized for a bill he introduced in 2009 which would have required women who had miscarriages without medical attendance to report it to authorities within 24 hours.[2] Obenshain explained that he introduced the bill in response to the case of a Virginia woman who threw her dead newborn baby's body into the trash, and was trying to create a bill to allow law enforcement to prosecute a woman in that circumstance. However, the legislation that emerged "was far too broad, and would have had ramifications that neither he nor the Commonwealth's attorney's office ever intended," and after being unable to resolve the problem of women potentially being prosecuted for miscarriages, he withdrew the bill and stated that he is "strongly against imposing any added burden for women who suffer a miscarriage, and that was never the intent of the legislation."[3]

The bill, as proposed by Obenshain, would have required that when a fetal death occurred without medical attendance upon the mother at or after the delivery or abortion, the mother or someone acting on her behalf, within twenty-four hours, report the fetal death, location of the remains, and identity of the mother to the local or state police or sheriff's department of the city or county where the fetal death occurred. The bill also specified that no one should remove, destroy, or otherwise dispose of any remains without the express authorization of law-enforcement officials or the medical examiner, and that a violation of the statute would constitute a Class 1 misdemeanor.[4]