Opinion

New Bill Requires Proper Disposal Of Abortion Remains

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In the state’s latest attempt to impose restrictions on women’s reproductive rights Ohio lawmakers passed a bill on Thursday that would require the remains from a surgical abortion to be either buried or cremated.

By a vote of 60-35, the Ohio House passed Senate Bill 27, which had already been passed in the state Senate. The current law in Ohio states that any fetal remains, including those from abortions, miscarriages, or embryos in fertility clinics should be disposed of in a “humane” way. The new bill would only change the rules for abortion providers, requiring that clinics comply with newly written guidelines for the cremation or burial of a fetus.

Ohio Governor Mike DeWine is expected to sign the bill into law. In 2019 the governor signed in controversial and restrictive abortion legislation known as the “Heartbeat” bill which prohibits abortion after a fetal heartbeat is detected.

In 2016, Ohio’s previous governor, John Kasich, declined to sign the legislation saying that it would only initiate a slew of hard-to-win legal battles.

Ohio is not the first state to implement a law regulating the remains of an abortion. In 2019 the Supreme Court upheld a similar law in Indiana requiring abortion remains to be buried or cremated.

Similar legislation was also considered last year in Pennsylvania.

Several pro-abortion groups in Ohio oppose the legislation, including the American Civil Liberties Union of Ohio.
Gary Daniels, the union’s chief lobbyist said, “The ACLU of Ohio opposes SB 27 because it serves no legitimate medical purpose and is an obvious attempt to inconvenience patients, shut down abortion providers, and imprison doctors who do not comply with the numerous nonsensical regulations found in this bill.”

Daniels called it “legislative harassment” and pointed out that the bill only applies to abortion providers and not to Ohio jails and prisons or to fertility clinics that destroy embryos.

However, pro-life groups gave praise to the legislation.

“This legislation is attempting to ad structure and policy to this process,” said Dayton Right to Life President Margie Christie. “This legislation strictly addresses the disposition of the remains.”

“It is not infringing on a woman’s right to choose and in no way burdens her choice,” she added. “The choice has, at this point, been made.”

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