Fetal homicide charge dropped against Kentucky woman who took abortion pill by mail

UPDATE, 01/13/2026: Live Action News has obtained the citation from the arrest of Melinda Spencer on January 1 on charges of fetal homicide, abuse of a corpse, and tampering with evidence. The fetal homicide law has since been dropped.

According to the citation, on December 31, "[Spencer] reported to United Clinics that she aborted her own baby within the last few days with medicine that she ordered off the internet. She told them that she buried the remains on the property. Kentucky State Police was then contacted."

The citation goes on to note that after police contacted Spencer, she shared the same story with officers.

"She gave a description of the grave and a search warrant was obtained. During a search of the property a shallow grave was located where [she] said it would be. Located in this shallow grave was a white plastic grocery bag. Inside that grocery bag was a light bulb box wrapped in Christmas Wrapping Paper. Inside the box was a white rag with a small male corpse wrapped up inside it. The Wolf County Coroner took the corpse into his possession. Autopsy has been scheduled."

Police then spoke with Spencer again while she was at Clark Regional Medical Center, where she admitted to get the abortion drugs off the internet. She said the baby was not her boyfriend's and she did not want him to find out she was pregnant with another man's baby. She took the drugs on 12/26 and delivered the baby on 12/27.

UPDATE, 01/07/2026: According to a press release, the fetal homicide charge against a Kentucky woman who took the abortion pill after ordering it through the mail has been dismissed. Commonwealth's Attorney Miranda King, who handles cases in Breathitt, Powell and Wolfe counties, cited a Kentucky statute that ensures women are not prosecuted regarding the deaths of their preborn children.

“I sought this job with the intention of being a pro-life prosecutor but must do so within the boundaries allowed by the Kentucky state law I’m sworn to defend," King said. "I’m thankful for the investigative work of the Kentucky State Police on this case. I am also grateful to the dedicated citizens who served on the grand jury and thoroughly reviewed this case."

She said she will "prosecute the remaining lawful charges fully and fairly." Those charges include abuse of a corpse and tampering with evidence.

01/02/2026: A woman in Kentucky has been arrested and charged with fetal homicide after she allegedly took the abortion pill at home and buried the baby in the yard.

Key Takeaways:

• A Kentucky woman was arrested and charged with fetal homicide, abuse of a corpse, and tampering with evidence.

• She is alleged to have taken abortion drugs at home and buried her baby in the yard.

• She then went to a healthcare clinic where she told staff members she had taken the abortion drugs at home after ordering them through the mail.

• Police described her baby as a "developed male infant."

The Details:

Melinda Spencer, 35, is facing criminal charges for allegedly taking abortion pills at home and then burying her baby in the yard. She is charged with fetal homicide, abuse of a corpse, and tampering with evidence. According to reports, Kentucky State Police described the baby as a "developed male infant" but did not say what age he was estimated to be at the time of his birth and death.

On December 31, Spencer went to United Clinic in Compton, where she told staff members that she had aborted her baby at home. Police were called and they questioned Spencer, who told them she had ordered abortion drugs online. She then allegedly took the abortion pills at home, gave birth to her baby, and buried him in a shallow grave. It is unclear if the baby was born alive or not.

Detectives searched the property and found the baby's remains as Spencer had described.

It is unclear why Spencer was arrested for fetal homicide. While most preborn children are protected from abortion in Kentucky, the law states that women who have abortions will not be charged for the abortion. The state's An Act relating to abortion states:

Nothing in this section may be construed to subject the pregnant mother upon whom any abortion is performed or attempted to any criminal conviction and penalty.

It only states that it is a criminal offense to "Administer to, prescribe for, procure for, or sell to any pregnant woman any medicine, drug, or other substance with the specific intent of causing or abetting the termination of the life of an unborn human being; or

"Use or employ any instrument upon a pregnant woman with the specific intent of causing or abetting the termination of the life of an unborn human being."

In addition, the state's fetal homicide law, which makes it a felony to kill a preborn child, is clear that the preborn child's death is not feticide if it is carried out by "a health care provider... [d]uring an abortion." Enacted on July 1, 2006, it also states that the mother cannot be charged:

Nothing in this chapter shall apply to any acts of a pregnant woman that caused the death of her unborn child.

Kentucky law is clear that women who undergo abortions, even abortions considered to be illegal, will not be prosecuted for their abortion. The fetal homicide charge against Spencer could potentially be dropped for this reason.

Why it Matters:

Research shows that up to 64% of women who have had abortions, did so under pressure. In addition, a report by the American Psychological Task Force on Abortion and Mental Health revealed that being pressured into an abortion is a significant risk factor for negative post-abortion psychological reactions.

When the Biden administration lifted the safety rule that required the abortion pill to be dispensed in person, it invited incidents such as this one to occur. Without that medical visit, there is no way to know how far along the woman is, if she has any medical contraindications to the abortion drugs, whether she is taking the drugs of her own free will, or whether the person ordering the abortion pills is intending to use them on a woman against her will.

The abortion pill mifepristone is approved for use with misoprostol through 10 weeks of pregnancy. It appears that Spencer was further along than 10 weeks, as police described her son as a "developed male infant." The abortion pill has a high failure rate, and the further along in the pregnancy, the higher the failure rate. Babies have been born alive after their mother takes the abortion pill, adding a significant layer of trauma to the mother's experience.