AB 252

Current law contains restrictions on the final disposition of corpses and

stillbirths, but does not explicitly require any particular form of final disposition of

corpses or stillbirths. Current law does not contain any specific provisions with

respect to the disposal or final disposition of fetal remains other than stillbirths.

This bill requires a physician who performs or induces an abortion to arrange

for the final disposition of the fetal remains resulting from the abortion. The bill

defines abortion as the use of an instrument, medicine, drug, or other substance or

device with intent to terminate the pregnancy of a woman known to be pregnant or

for whom there is reason to believe that she may be pregnant and with intent other

than to increase the probability of a live birth, to preserve the life or health of the

infant after live birth, or to remove a dead fetus. The bill expressly provides that a

physician is not required to discuss the final disposition of the fetal remains with the

mother before performing or inducing an abortion, and is not required to obtain

authorization from the mother for the final disposition of the fetal remains upon

completion of the abortion.

The bill otherwise requires the funeral director or other person assuming

responsibility for any fetal remains that are not the result of an abortion to arrange

for the final disposition of those fetal remains.

For purposes of the bill, fetal remains are defined as the remains of a fetus that

had completed at least 10 weeks of gestation or had reached the stage of development

that, upon visual inspection of the fetus or part of the fetus, the head, torso, or

extremities appear to be supported by skeletal or cartilaginous structures. Under

the bill, final disposition for fetal remains resulting from an abortion may be by

burial, interment, entombment, cremation, incineration, or delivery to a medical or

dental school anatomy department as an anatomical gift.

A person who violates any of the provisions created in the bill may be required

to forfeit up to $1,000 for each violation.