Arkansas Bill Concerning the Final Disposition of Fetal Remains (HB 1566)

HB 1566 would amend current law to require a dead fetus to be be disposed of in accordance with the Arkansas Final Disposition Rights Act of 2009, § 20-17-102, which requires family members to agree on what to do with a deceased person’s body.

The bill would require a physician or facility that performs an abortion to ensure that the fetal remains and all parts are disposed of in accordance with § 20-17-801 and the Arkansas Final Disposition Rights Act of 2009, § 20-17-102.

Including aborted fetuses in the Arkansas Final Disposition Act would essentially require a pregnant person to inform whoever impregnated them that they are seeking an abortion, since both parties would have to agree on what to do with the remains.

STATUS

Passed the house on February 24, 2017, by a 90-0 vote.

Passed the senate on March 16, 2017, by a 34-0 vote.

Became law, Act 603, on March 23, 2017.

***U.S. District Court Judge Kristine Baker issued a preliminary injunction on July 28, 2017, blocking the state of Arkansas from enforcing four new abortion restrictions, including HB 1566.***

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People

Legal Cases

• Hopkins v. Jegley