"Dignity for Aborted Children Act" Mandates Specific Fetal Tissue Disposal, Reporting, and Penalties

The "Dignity for Aborted Children Act" sets new federal rules for how fetal tissue is handled after an abortion, and it comes with some pretty hefty requirements and potential consequences for both patients and providers.

Laying Down the Law on Remains

This bill puts the disposal of fetal tissue squarely in the spotlight. It requires abortion providers to offer patients two choices: take possession of the tissue for burial or cremation themselves, or release it to the provider. If the patient releases it, the provider must ensure burial or cremation within 7 days, and they have to follow all existing state laws for handling human remains (SEC. 3). This isn't just a suggestion; it's a legal requirement, and the patient's choice has to be documented with a signed consent form that stays in their file (SEC. 3).

For example, imagine someone going through this incredibly difficult, personal experience. Now, on top of everything else, they're faced with making a formal decision about burial or cremation, and signing a legal document about it. It adds another layer of complexity and potential emotional distress to an already challenging situation.

The Paper Trail and Potential Penalties

Beyond the disposal itself, the bill creates a significant reporting burden. Providers have to submit annual reports to the Secretary (presumably of Health and Human Services, though the bill doesn't explicitly state this) detailing the total number of abortions, the gestational age in each case, and, for non-chemical abortions, how many remains were handled by burial/cremation versus released to patients (SEC. 3). The Secretary then compiles all this data into a report for Congress, breaking it down by state, procedure type, and disposal method (SEC. 3).

And if providers don't comply? The penalties are serious. Failure to keep proper documentation can lead to a civil penalty of up to $50,000. Failure to properly dispose of the tissue can result in fines, up to five years in prison, or both (SEC. 3). While the bill states patients can't be prosecuted for violations related to disposal (SEC. 3), the weight falls heavily on providers.

Reading Between the Lines (and the Definitions)

One of the most concerning aspects is how the bill defines "abortion." It means the intentional termination of a pregnancy, unless it's to save the life and health of a "viable child" or to remove a dead unborn child (SEC. 3). This phrasing is crucial. What exactly constitutes a "viable child"? The bill doesn't define this, leaving it open to interpretation, and potentially excluding procedures that might be medically necessary in complex situations.

Also, the definition of "human fetal tissue" refers to section 498A(g) – but that section isn't included in this bill. People would have to go hunting for that definition elsewhere, making it less transparent and harder to understand the full scope of what's being regulated.

While the bill does provide some potential benefits, such as offering a framework for respectful disposal and giving patients a formal say, the potential for emotional distress, burdensome reporting, and strict penalties, combined with the vague definition of "abortion," raises serious concerns about its real-world impact.