Texas Enacts Stringent New Rules Requiring Burial Or Cremation Of Fetal Remains

AUSTIN, TX — Rules requiring the cremation or burial of fetal remains — regardless of their period of gestation — are scheduled to take effect on Dec. 19.

The final Texas Department of State Health Services rules were filed with the secretary of state's office on Monday. In submitting the new rules, health officials noted the new requirement does not apply to miscarriages or abortions occurring at home. Instead, the rules apply to abortion clinics, hospitals and health care facilities in preventing them from disposing of fetal remains in sanitary landfills.

The rules dictating that fetal remains in Texas be buried or cremated were first proposed in July after a months-long period of public comment and public hearings.

The state's new requirements on fetal remains were enacted largely through urging of Gov. Greg Abbott, who has made "sanctity of life" a key theme of his political platform. The newly enacted burial/cremation rules are part of his broader “Life initiative,” designed to “protect the unborn and prevent the sale of baby body parts,” according to his official website.

Abbott even used the specter of the then-proposed new requirements centered on fetal remains as a key part of his political fundraising efforts, as the Texas Tribune reported.

But the governor-championed new rules are sure to be contested in the courts system, given the outrage they prompted from reproductive rights advocates. In August, a public hearing on the matter was attended by some 100 people lined up to speak, some supportive of the new law and others decrying it. All told, the agency received about 12,000 comments from the public in response to the new proposal.

Some detractors see the new rules as nothing more than a political expression advancing an anti-abortion agenda. At worst, some reproductive rights advocates see the new rules as tantamount to a public shaming of women who undergo abortions, despite the legality of the measure as outlined by the U.S. Supreme Court.

Industry trade groups such as the Texas Medical Association and the Texas Hospital Association also previously raised concerns about the new requirements, centered on the question of who would be responsible for costs associated with cremation or burial of fetal remains. In a previous joint letter from both groups, medical professionals questioned the proposed rules' feasibility -- particularly as it relates to miscarriages occurring outside a medical setting.

“Would the rules, if adopted as proposed, require a woman who experiences a spontaneous miscarriage to carry the fetal tissue to a physician’s office or other health care setting for assessment?” the letter partially reads. "If a death certificate is required to be issued, under which circumstances will the report be publicly available? Who would be responsible for paying for the costs of cremation and/or interment of fetal tissue?"

TMA and THA officials note the costs associated with cremation run from $1,500 to $4,000 while burial costs range from $7,000 to $10,000.

>>> Photo via governor's office