This legislation aims to protect the dignity of fetal remains by establishing new requirements for abortion providers. It mandates that providers offer patients an informed consent form detailing two options for the disposal of human fetal tissue: either the patient takes possession for interment or cremation, or the patient releases the tissue to the provider. If a patient chooses to release the fetal tissue, the abortion provider is then legally obligated to ensure its final disposition through interment or cremation within seven days of the procedure. This disposition must align with state laws governing human remains, though collective interment or cremation of tissue from multiple procedures is permitted. The bill imposes civil monetary penalties for failures in maintaining consent documentation and criminal penalties , including fines and imprisonment, for violations of the disposal requirement. Both abortion providers and the Secretary of Health and Human Services are also required to submit annual reports detailing abortion procedures and methods of fetal tissue disposal, while the bill explicitly states it does not preempt stricter state laws.
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Dignity for Aborted Children Act
USA119th CongressS-242| Senate
| Updated: 1/24/2025
This legislation aims to protect the dignity of fetal remains by establishing new requirements for abortion providers. It mandates that providers offer patients an informed consent form detailing two options for the disposal of human fetal tissue: either the patient takes possession for interment or cremation, or the patient releases the tissue to the provider. If a patient chooses to release the fetal tissue, the abortion provider is then legally obligated to ensure its final disposition through interment or cremation within seven days of the procedure. This disposition must align with state laws governing human remains, though collective interment or cremation of tissue from multiple procedures is permitted. The bill imposes civil monetary penalties for failures in maintaining consent documentation and criminal penalties , including fines and imprisonment, for violations of the disposal requirement. Both abortion providers and the Secretary of Health and Human Services are also required to submit annual reports detailing abortion procedures and methods of fetal tissue disposal, while the bill explicitly states it does not preempt stricter state laws.
AbortionCemeteries and funeralsCensus and government statisticsCivil actions and liabilityCongressional oversightCriminal investigation, prosecution, interrogationHealth information and medical recordsHealth personnel