The bill preserves patient choice over fetal tissue disposition and centralizes reporting for policymakers, but it imposes strict disposal rules, reporting requirements, and heavy penalties that raise privacy, compliance, and criminal-liability concerns for providers and may reduce access.
Women and patients with chronic conditions are given a clear written choice to take custody of fetal tissue or release it to the provider, preserving patient autonomy over disposition.
Taxpayers, state governments, and policymakers receive uniform federal reporting to Congress on abortion counts and disposal methods, improving data available for public health and policy analysis.
Healthcare providers face criminal fines and up to 5 years imprisonment for failing to cremate/inter cremated tissue within 7 days, creating a significant prosecution risk that could deter providers from offering abortion services.
Women and communities will be subject to annual reporting of abortion counts and gestational ages to HHS, raising patient privacy concerns and potential stigmatization even if data are aggregated.
Abortion providers must retain signed consent forms and face up to $50,000 penalties for missing documentation, increasing administrative burden and financial risk for clinics.
Based on analysis of 3 sections of legislative text.
Requires written patient choice and provider handling rules for fetal tissue, plus recordkeeping, annual reporting to HHS, and civil/criminal penalties.
Introduced January 28, 2025 by Mary E. Miller · Last progress January 28, 2025
Requires abortion providers to offer patients a written choice about what happens to fetal tissue after an abortion — either the patient takes possession for interment/cremation or the provider retains it for disposal. If the patient releases the tissue to the provider, the provider must inter or cremate the remains within seven days in line with state law. The bill also requires providers to keep signed consent forms, submit yearly aggregate reports to HHS about procedures and disposal methods, and face civil and criminal penalties for violations.