Summary

Requires abortion providers to present patients with a written choice to take possession of fetal tissue after an abortion or to release it to the provider, and obligates providers who keep tissue to ensure interment or cremation (consistent with state law) no later than seven days. Establishes recordkeeping and annual reporting requirements, creates civil and criminal penalties for certain violations, and requires the Department of Health and Human Services to publish annual aggregate reports to Congress by State and disposal method.

Key Points

• Providers must offer patients a signed consent form to choose taking fetal tissue or releasing it to the provider for disposition.
• If released to the provider, fetal tissue must be interred or cremated within 7 days, with collective interment/cremation allowed.
• Providers must keep signed consent forms in patient files; failing to retain documentation can incur civil penalties up to $50,000.
• Criminal penalties (fines and up to 5 years imprisonment) apply for failing to provide required disposal.
• Providers must file annual aggregate reports to HHS on abortion counts, gestational ages, and disposal outcomes; HHS must report to Congress by State and disposal method.
• Patients are shielded from certain federal prosecutions if an abortion was performed or attempted in violation of the disposal requirement.
• The statute defines key terms and cites constitutional authorities (Interstate Commerce Clause, Section 5 of the Fourteenth Amendment, Necessary and Proper Clause).
• Federal requirements do not preempt more stringent state interment/cremation laws; providers must follow state rules when stricter.

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