The New York City Health Department has repealed its rule that fetuses aborted after 24 weeks of gestation are considered “human remains” and must be sent to a funeral home for burial or cremation.
The 24th week of pregnancy is generally considered the time when premature birth may give rise to a chance of survival, and until the rules were changed, fetuses aborted later in pregnancy were required to be sent to a funeral home for burial or cremation.
Now, medical facilities will be allowed to dispose of “products of conception” (the term used by the health department) on-site, just as they do with early-aborted fetuses, reducing liability and costs for patients and families.
“The department is proposing to amend sections 203 and 205 of the Health Code to remove the requirement that a conceptus beyond 24 weeks of gestation must be disposed of as a human remains,” the department’s summary of the rule changes reads.
“Body disposal will continue to be available at the request of individuals who wish to be buried or cremated.”
Abortion opponents argued that stripping away a viable fetus’s right to burial was just another example of disregarding the value of life.
“It’s horrible. They’re treating people like garbage,” said Jean Head, a former nurse who headed the Inter-American Right to Life Committee at the United Nations.
“This is infanticide. They don’t want the mothers to know they killed their babies.”
But health officials said patients should not be forced to pay for funeral costs after a late-term abortion, an already painful experience for many pregnant women.
The latest data shows that about 2% of abortions in the city are performed after 21 weeks of pregnancy.
“This is not fair. It’s expensive. People have to call a funeral director and pay for the burial or cremation,” Gretchen Van Wy, the health department’s chief epidemiologist, said at a recent Board of Health meeting.
“This is very traumatic for people. We don’t think this is something that the government needs to get involved in. This is something that patients and their health care providers should have a conversation about,” she said.
The health board unanimously approved the changes after a brief discussion.
“This is about a personal medical decision and removing a burdensome and costly requirement from the health code. The government should not be dictating how you proceed after making these personal medical decisions,” said Department of Health spokesman Patrick Gallahue.
Reproductive medicine doctors praised the city for scrapping the burial rule.
“People should be able to access abortion care when they need it, in their community, without restrictions,” said Dr. Erinma Ukoha, a maternal-fetal medicine specialist and fellow at the American College of Reproductive Health Physicians in New York.
“I applaud New York City’s leadership in responding to the real needs of people who require late-term abortion care,” Ukoha said. “As physicians providing care to people facing complex and unexpected situations, I am pleased to empower individuals and families to make the decisions that are best for them.”
Ukoha said politicians in too many states are erecting “medically unnecessary barriers” that prevent patients from getting the “compassionate abortion care” they need.
“The New York City Board of Health’s decision to eliminate burdensome and inequitable treatment requirements for those receiving late-term abortion care is an important step in the right direction,” she said.
She noted that for patients who wish to bury or cremate their unborn child, that option is still available.
New York and other liberal states are taking steps to strengthen abortion rights and care in the wake of the U.S. Supreme Court’s 2022 overturning of the landmark Roe v. Wade decision 49 years ago that legalized abortion across the United States.
States currently enact their own policies, with conservative states placing restrictions on abortion.
In contrast, New York City has become more willing to provide abortion pills and kits to patients since the ruling.
