The New York City Department of Health has lifted a requirement that fetuses aborted at or after 24 weeks be considered “human remains” and sent to funeral homes for burial or cremation.
The 24-week mark is generally considered the potential viability point for surviving a preterm birth, and until the rule change, it was mandatory to send such late-term aborted fetuses to funeral homes for burial or cremation.
Instead, medical facilities will now be allowed to dispose of the “concept” — the term used by the health department — on the premises, as is the case for early aborted fetuses, relieving the patient or family of responsibility and cost.
“The department is proposing to amend sections 203 and 205 of the Health Code to eliminate the requirement that any conceptus that has completed 24 or more weeks of gestation be disposed of as human waste,” said a department summary of the rule change.
“Disposal as human remains will remain available upon request by those desiring burial or cremation.”
Opponents of abortion argued that eliminating the right to burial for a viable fetus is just another example of devaluing life.
“This is terrible. They’re treating human beings like trash,” said Jeaane Head, a retired registered nurse who served as the National Right to Life Committee’s representative to the United Nations.
“It is infanticide. They don’t want the mothers to know that they killed their child. “
But health officials said patients should not be forced to pay for funeral expenses after a subsequent miscarriage, already a devastating experience for many pregnant women.
The department also stressed that burial is still an option if the family chooses under the rule change.
About 2% of abortions in the city occur after 21 weeks, according to the latest data.
“This is unequal. It is costly. People should call a funeral director … and pay for a burial or cremation,” said the department’s chief epidemiologist Gretchen Van Wye during a recent Board of Health meeting.
“It’s very traumatic for people. This is an issue in which we do not think the government should be involved. That’s something the patient and the provider need to talk about,” she said.
The Board of Health unanimously approved the change after a brief discussion.
“This is about an individual’s medical decision and removing a burdensome and costly requirement from the health code. How one decides to proceed after making such a personal medical decision should not be dictated by the government,” said DOH spokesman Patrick Gallahue.
Doctors who provide reproductive care praised the city for eliminating the burial rule.
“People should be able to access abortion care when they need it, in their communities and without restrictions,” said Dr. Erinma Ukoha, a maternal-fetal medicine specialist in New York and an associate at Physicians for Reproductive Health.
“I applaud New York City’s leadership in responding to the real needs of people accessing post-abortion care,” Ukoha said. “As a physician who provides care to people navigating these often complicated and unpredictable circumstances, I take comfort that individuals and families will be able to make the decision that is best for them.”
Ukoha said that in many states politicians put up “unnecessary medical barriers” preventing patients from getting the “compassionate abortion care” they need.
“The NYC Board of Health’s decision to remove burdensome and inequitable requirements for people to access post-abortion care is an important step in the right direction,” she said.
She noted that option is still available for patients who want a burial or cremation for the fetus.
New York and several other liberal states have taken action to strengthen abortion rights and care after the Supreme Court in 2022 overturned the landmark 49-year-old Roe v. Wade decision that legalized termination of pregnancy across the US.
States now set their own policies, and conservative states have placed restrictions on abortion.
In contrast, the Big Apple was ahead in providing abortion pills and kits to patients after the ruling.
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