HB 1437 Summary

• Requires physicians performing surgical abortions to inform pregnant women of their right to determine final disposition of fetal remains and provide notification forms completed for each zygote, blastocyte, embryo, or fetus aborted.

• Mandates fetal remains from surgical abortions at clinics be disposed of by cremation or interment, with cremation occurring at a crematory facility; clinic must determine disposition if woman declines to choose.

• Requires abortion clinics to pay for cremation or interment costs unless the pregnant woman chooses a location other than one provided by the clinic, in which case she pays the additional costs.

• Requires minors (age 17 or younger, unmarried, unemancipated) to obtain written parental or legal guardian consent to determine final disposition, unless a judicial waiver is granted.

• Effective July 1, 2021; requires Department of Health to adopt implementing rules by October 1, 2021; provides immunity from liability for persons properly disposing of fetal remains and establishes first-degree misdemeanor penalties for knowing violations.