Ohio Bill Regarding the Final Disposition of Aborted Fetal Remains (SB 27)
This law was last updated on Jan 4, 2021
SB 27 would require the final disposition of fetal remains from a surgical abortion at an abortion facility to be by cremation or interment.
Whoever knowingly violates this provision would be guilty of failure to dispose of fetal remains humanely, a misdemeanor of the first degree.
The bill would allow a pregnant patient who has a surgical abortion to determine whether the fetal remains should be disposed of by cremation or interment and the location of the final disposition.
If the pregnant person is a minor, they would need written parental consent to determine the method of final disposition.
If the pregnant person does not want to make the decision, the abortion facility would need to determine the method of final disposition.
Notification Form for Final Disposition
The bill would require an abortion provider to provide the pregnant patient with a form to complete for the final disposition of each zygote, blastocyte, embryo, or fetus that will be aborted.
The abortion facility would be required to pay for and provide for the cremation or interment of the fetal remains from a surgical abortion performed at that facility. The pregnant patient would need to cover the cost if they choose a location for final disposition other than the one provided by the abortion facility.
An abortion facility would be required to have written policies and procedures regarding cremation or interment of fetal remains from surgical abortions.
The abortion facility would need to document in the pregnant person’s medical record the final disposition determination made, and maintain evidentiary documentation demonstrating the date and method of the disposition from surgical abortions performed or induced in the facility.
2/12/19 – Introduced.
3/27/19 – Passed the Senate in a 24-7 vote.
12/30/20 – Gov. Miked DeWine signs bill into law.