Ohio Bill Regarding the Disposition of Aborted Fetal Remains (SB 28)
This law was last updated on Jan 17, 2018
SB 28 would require fetal remains from a surgical abortion at an abortion facility to be disposed of by cremation or interment. The bill would amend Ohio law to include the terms “zygote” and “blastocyte” when referencing embryos or fetuses.
The bill provides that the pregnant individual would have the right to determine:
- whether the final disposition would be cremation or internment; and
- the location for the final disposition.
The bill would require the pregnant patient to fill out a form indicating such information for each zygote, blastocyte, embryo, or fetus that will be aborted.
The abortion facility would be required to determine the final disposition in the event the pregnant individual does not desire to make such a decision.
If the pregnant individual is a minor, parental consent would be required for the final disposition of the aborted fetal remains. A pregnant individual who obtains parental consent would be required to use one consent form for each zygote, blastocyte, embryo, or fetus that will be aborted.
If the pregnant individual identifies a location for final disposition other than one provided by the abortion facility, the pregnant individual would be responsible for the costs related to the final disposition.
Documentation Requirements for Abortion Facilities
The bill would require an abortion facility to document in the pregnant individual’s medical record the final disposition determination made, and if applicable, the consent made.
Abortion facilities would be expected to maintain evidentiary documentation demonstrating the date and method of the disposition of fetal remains from surgical abortions performed or induced in the facility.
The bill would require an abortion facility to have written policies and procedures regarding cremation or interment of fetal remains from surgical abortions performed or induced in the facility. Such facilities would be required to develop and maintain a written list of locations at which it provides or arranges for the final disposition of fetal remains from surgical abortions.
The bill would amend current informed consent law to include informing the patient of the option of burial or cremation.
A person who violates this provision would be guilty of failure to dispose of fetal remains humanely, a misdemeanor of the first degree.
The bill would require physicians to no longer complete an abortion report for each abortion performed, but rather an abortion report for the abortion “of each zygote, blastocyte, embryo, or fetus” the physician performs.
Passed the senate on January 17, 2017, by a 23-9 vote.