Fetal remains no longer must be cremated after abortion, Ohio judge rules

An Ohio judge blocked a law on Wednesday that would require fetal remains from surgical abortions to be cremated or buried after the procedure.

According to ABC News, this was the second time in a year that Hamilton County Common Pleas Judge Alison Hatheway blocked the law from going into effect. The case was brought forth by a group of clinics and the ACLU of Ohio. Governor Mike DeWine (R-OH) signed the law in December of 2020. This would require aborted fetuses to be disposed of “in a humane manner.”

Currently fetal remains from surgical aborts are considered infectious waste, which would allow them to be disposed of with material from other medical procedures.

Pro-life activists and abortion opponents lobbies for a change in language to assure human dignity. Abortion rights activists have claimed this new law obstruts a legally available procedure.

Abortion providers sought to have the law blocked, arguing the law imposes a funeral ritual on every patient, regardless of spiritual beliefs and removes autonomy.

Hatheway sided with these providers and determined the law violated clinic and patient rights to due process and equal protection. This ruling will stand until the Ohio Department of Health and others determine the fate of the law.