"Dignity for Aborted Children Act" Mandates New Fetal Tissue Disposal Rules, Sets Penalties for Abortion Providers

The "Dignity for Aborted Children Act" introduces a set of regulations around the disposal of fetal remains after an abortion, and it's packing some serious potential consequences for both patients and providers.

Laying Down the Law on Remains

This bill puts the onus on abortion providers to offer patients two choices: take possession of the fetal tissue for burial or cremation, or hand it over to the provider. If the patient chooses the latter, the provider must ensure interment or cremation within 7 days, sticking to state laws for handling human remains (SEC. 3). This isn't just a suggestion – it's a requirement, and it comes with paperwork. Providers need to get the patient's signed consent on a specific form and keep that on file. Failure to do so could mean a hefty fine of up to $50,000 (SEC. 3).

Paperwork Pile-Up and Reporting Requirements

Beyond the consent forms, the bill also mandates annual reports from providers to the Secretary (presumably of Health and Human Services). These reports must include the total number of abortions, the gestational age at the time of each procedure, and, for non-chemical abortions, the number of fetal remains handled via interment/cremation or given to patients (SEC. 3). The Secretary then compiles all this data into a report for Congress, breaking down abortion numbers by state, procedure type, and disposal method. It's a significant increase in data collection and reporting, which could be used for research purposes, but could be used to further restrict access.

Real-World Impact: More Barriers, More Distress?

For someone going through an abortion, this law adds another layer of decision-making during an already difficult time. Imagine having to consider burial or cremation options on top of everything else. It also raises questions about access. Will the added costs and administrative burdens on providers lead to fewer clinics, especially in rural areas? If a clinic closes, that could mean a longer drive, more time off work, and potentially higher costs for the patient. For clinics offering services, the potential for a $50,000 fine or jail time of up to five years, for paperwork or disposal violations is a significant risk.

The Definition Dilemma

Here's where things get even trickier. The bill defines "abortion" as intentionally ending a pregnancy unless the goal is a live birth after viability or removing a dead unborn child (SEC. 3). This definition could be interpreted to include procedures related to miscarriages or ectopic pregnancies. While the bill states it doesn't intend to include procedures to 'remove a dead unborn child,' the specific wording leaves room for interpretation that could impact medical decisions and access to care during complex pregnancy situations. This is not just a hypothetical concern – it's a real-world worry based on how similar laws have been interpreted in the past.