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Legislation

As Planned Parenthood and other abortion providers continue to treat preborn children inhumanely by killing them and dumping them in landfills, states are increasingly taking action. Below are some of the current laws, as well as pending and model legislation addressing the problem.

Pending Legislation:

Model Legislation:

Americans United for Life’s UNBORN INFANTS DIGNITY ACT

Current Laws:
The following are state regulations governing the disposal of fetal remains. As you can see, most states mandate that aborted babies either be buried or incinerated. Since abortion mills will not purchase cemetery plots to bury the children that they murder (because then they would have to admit that they are persons), many hire medical waste companies like Stericycle to dispose of the fetal remains according to state law – that is, to have them incinerated.

This list of state laws is not exhaustive.

  • Arkansas
    • “Any physician who performs an abortion shall ensure that the fetal remains and all parts thereof are disposed of in a fashion similar to that in which other tissue is disposed.” (Arkansas Code 20-17-802(a))
    • “No person shall possess either a fetus born dead as a result of a legal abortion or any organ, member, or tissue of fetal material resulting from a legal abortion.” (Arkansas Code 20-17-802(d))
    • “Any physician removing or otherwise acquiring human tissue, in his or her discretion, after making or causing to be made scientific examination of the human tissue as he or she may deem appropriate or as may be required by law, custom, or rules and regulations of the hospital or other institution in which the human tissue may have been removed or acquired, may authorize disposition of the human tissue in a respectful and proper manner after separating the human tissue from other medical waste.” (Arkansas Code 20-17-801(a)(1)(a))
    • “The physician may authorize the disposition pursuant to this subsection unless he or she has been furnished, prior to removal or acquisition of the tissue or at any time prior to its disposal, a written request that the tissue be delivered to the patient or someone in his or her behalf or, if death has occurred, to the person claiming the dead body for burial or cremation.” (Arkansas Code 20-17-801(a)(1)(b))
    • “Respectful and proper manner” means either releasing the human tissue to the patient or authorized person, incineration, burial, or cremation.” (Arkansas Code 20-17-801(b)(2)(d))

     

  • California:
    • “Notwithstanding any other provision of law, a recognizable dead human fetus of less than 20 weeks uterogestation not disposed of by interment shall be disposed of by incineration.” (California Health & Safety Code 7054.3)
    • “No person knowingly shall dispose of fetal remains in a public or private dump, refuse, or disposal site or place open to public view. For the purposes of this section, “fetal remains” means the lifeless product of conception regardless of the duration of the pregnancy.” (California Penal Code 643)
    • “Embryonic or cadaveric fetal tissue may be donated for research purposes pursuant to this chapter.”(California Health & Safety Code 125320(c))

     

  • Delaware:
    • “Waste consisting of human anatomical remains, including human fetal remains, may not be disposed of at sanitary landfills. The remains must be incinerated, cremated or interred in accordance with 24 Del.C. Ch. 31.” (Delaware Register of Regulations 11(g))

     

  • Florida:
    • “Fetal remains shall be disposed of in a sanitary and appropriate manner and in accordance with standard health practices, as provided by rule of the Department of Health. Failure to dispose of fetal remains in accordance with department rules is a misdemeanor of the second degree . . .” (The 2015 Florida Statutes 390.0111(7))

     

  • Georgia
    • “Every hospital and clinic in which abortions are performed or occur spontaneously, and any laboratory to which the aborted fetuses are delivered, shall provide for the disposal of the aborted fetuses by cremation, interment, or other manner approved of by the commissioner of public health.” (Georgia Code 16-12-141.19(a)(1))
    • “Each hospital, clinic, and laboratory shall report, on a form of the type and confidentiality provided for in subsection (d) of Code Section 16-12-141, and provided by the commissioner of public health, the manner in which it disposes of the aborted fetus. Such reports shall be made annually by December 31 and whenever the method of disposal changes. The commissioner of public health shall provide forms for reporting under this Code section.” (Georgia Code 16-12-141.19(a)(2))

     

  • Indiana
    • “A pregnant woman who has an abortion under this article has the right to determine the final disposition of the aborted fetus.” (effective July 1, 2016; Indiana Code 16-34-3-2(a))
    • “If the pregnant woman chooses a location for the final disposition other than the location of final disposition that is usual and customary for an abortion clinic or healthcare facility, the pregnant woman is responsible for the costs related to the final disposition of the aborted fetus at the chosen location.” (effective July 1, 2016; Indiana Code 16-34-3-3)
    • “An abortion clinic or health care facility having possession of an aborted fetus shall provide for the final disposition of the aborted fetus. The burial transit permit requirements of IC 16-37-3 apply to the final disposition of an aborted fetus which must be interred or cremated.” (effective July 1, 2016; Indiana Code 16-34-3-4 (a))

     

  • New Mexico:
    • “Human fetal remains, as defined by the state medical investigator, when measured to be 500 grams or greater, shall be disposed by incineration or interment.” (New Mexico Administrative Code 20.9.8.13(e)(4))
    • “Infectious waste consisting of recognizable human anatomical remains shall be disposed by incineration or interment, unless such remains are subject to different treatment or disposal standards due to contamination by a hazardous or radioactive substance. Recognizable human anatomical remains may be released to the patient, proper governmental authority, or designated family member for interment or incineration, as long as all forensic needs of the facility have been met and the release is not in violation of any other law.” (New Mexico Administrative Code 20.9.8.13(e)(5))

     

  • North Carolina:
    • “All hospitals, other medical facilities, or medical or research laboratories shall dispose of fetal remains by burial, cremation or incineration in accordance with 15A NCAV 13B.1200, except that burial or cremation shall be the only methods of disposal of recognizable fetuses. For purposes of this Rule, a recognizable fetus means a fetus that has developed beyond completion of the second trimester of gestation . . .” (North Carolina Administrative Code 13B .1301)

     

  • North Dakota:
    • “Disposal of a nonviable fetus in a humane fashion shall consist of incineration, burial, or cremation. The licensed physician performing the abortion or the licensed hospital in which an abortion is performed may contract for out-of-state incineration, burial, or cremation of nonviable fetuses. Incinerators within the state of North Dakota used for the disposal of nonviable fetuses must meet the requirement of chapter 33-15-14.” (North Dakota Administrative Code 33-03-02-05)

     

  • Minnesota
    • “For the purposes of this section, the term “remains of a human fetus” means the remains of the dead offspring of a human being that has reached a stage of development so that there are cartilaginous structures, fetal or skeletal parts after an abortion or miscarriage, whether or not the remains have been obtained by induced, spontaneous, or accidental means.” (Minnesota Code 145.1621(2))
    • “Remains of a human fetus resulting from an abortion or miscarriage, induced or occurring accidently or spontaneously at a hospital, clinic, or medical facility must be deposited or disposed of in this state only at the place and in the manner provided by this section or, if not possible, as directed by the commissioner of health.” (Minnesota Code 145.1621(3))
    • “Hospitals, clinics, and medical facilities in which abortions are induced or occur spontaneously or accidentally and laboratories to which the remains of human fetuses are delivered must provide for the disposal of the remains by cremation, interment by burial, or in a manner directed by the commissioner of health. The hospital, clinic, medical facility, or laboratory may complete laboratory tests necessary for the health of the woman or her future offspring or for purposes of a criminal investigation or determination of parentage prior to disposing of the remains.” (Minnesota Code 145.1621(4))

     

  • Montana:
    • “Fetal remains or recognizable body parts other than teeth must be disposed of by incineration or interment.” (Montana Code 75-10-1005(c))

     

  • Pennsylvania:
    • “Waste consisting of human anatomical remains, including human fetal remains, may not be disposed at municipal waste landfills unless the waste has first been incinerated at a permitted waste processing facility.” (Pennsylvania Code 273.511(b))

     

  • South Dakota:
    • “Medical facility to provide for disposal of aborted fetuses. Any hospital, clinic, or medical facility in which abortions are induced or occur spontaneously or any laboratory to which the remains of human embryos or fetuses are delivered shall arrange for the disposal of the remains by cremation, interment by burial, or by incineration in a medical waste incinerator approved by the Department of Environment and Natural Resources. If incineration is used, the remains of the human embryo or fetus shall be incinerated separately from other medical waste. The hospital, clinic, medical facility, or laboratory may perform any laboratory tests necessary for the health of the woman or her future offspring, or for the purposes of a criminal investigation, or for determination of parentage prior to disposing of the remains.” (South Dakota Codified Laws 34-25-32.4)
    • “The Department of Health shall prepare a reporting form for physicians which shall provide for the collection of the following . . . The method used to dispose of fetal tissue and remains.” (South Dakota Codified Laws 34-23A-34(11))

     

  • Texas:
    • “The products of spontaneous or induced human abortion shall be subjected to one of the following methods of treatment and disposal: (i) body parts, tissues, or organs regardless of the period of gestation: (I) grinding and discharging to a sanitary sewer system; (II) incineration followed by deposition of the residue in a sanitary landfill; (III) steam disinfection followed by interment; (IV) interment (V) moist heat disinfection followed by deposition in a sanitary landfill; (VI) chlorine disinfection/maceration followed by deposition in a sanitary landfill; or (VII) an approved alternate treatment process, provided that the process renders the item as unrecognizable, followed by deposition in a sanitary landfill.” (Texas Administrative Code 1.136(b))
    • “Treated recognizable human body part, tissues, fetuses, organs, and the products of human abortions, spontaneous or induced, shall not be disposed of in a municipal solid waste landfill.” (Texas Administrative Code 330.1219(b)(3))

     

  • Utah:
    • “Infectious waste consisting of recognizable human anatomical remains including human fetal remains shall by disposed by incineration or interment in a location appropriate for human remains.” (Utah Administrative Code R315-316-2(2))

     

  • Wisconsin:
    • “Human tissue . . . shall be treated by any of the following methods: 1. Methods which render the tissue both non-infectious and unrecognizable as human tissue. 2. Incineration where the tissue is transformed into an ash, which would not be recognized as being from a human being.” (Wisconsin Administrative Code NR 526.11(2)(a))

 

If you have fetal disposal laws in your state that are not listed above, please contact us so we can update this information.