H.R. 798: Dignity for Aborted Children Act

This bill, titled the Dignity for Aborted Children Act, aims to establish requirements regarding the treatment and disposal of fetal remains after an abortion procedure. The core objectives of the bill are summarized in the following sections:

Consent Requirements

After an abortion is performed, the abortion provider is required to present the patient with an informed consent form that outlines two options for the disposal of the fetal tissue:

• The patient can take possession of the fetal tissue and transfer it to an entity that provides burial or cremation services.
• The patient may choose to release the fetal tissue to the abortion provider.

In either case, the abortion provider must obtain the patient’s signature on the consent form and keep this documentation in the patient's file.

Provider Disposal Requirements

If the patient chooses to release the fetal tissue to the abortion provider, that provider is required by law to ensure the fetal tissue is properly disposed of through interment or cremation within seven days of the abortion, in accordance with applicable state laws.

Penalties for Non-Compliance

The bill establishes penalties for abortion providers who do not comply with the consent or disposal requirements:

• If a provider fails to maintain the required documentation, they could face civil monetary penalties up to $50,000.
• Providers who violate the disposal requirements could be fined, imprisoned for up to five years, or both.
• Patients who undergo an abortion in violation of the disposal requirements are protected from prosecution.

Reporting Requirements

Abortion providers must submit annual reports to the Secretary of Health and Human Services that include:

• The total number of abortions performed.
• The gestational age at which these procedures were performed.
• For non-chemical abortions, the total number of fetal remains disposed of and the number released to patients.

The Secretary will also provide an annual report to Congress detailing the number of abortions by state, the methods used, and how fetal remains were disposed of.

Non-Preemption Clause

The bill specifies that it does not override any existing state requirements that mandate interment or cremation, thereby allowing states to impose additional regulations regarding the disposal of fetal remains.

Definitions

The bill includes definitions for key terms, such as:

• Abortion: Defined as any method used to end a pregnancy with the intention to terminate the life of the unborn child.
• Abortion Provider: An individual or entity that performs abortions.
• Human Fetal Tissue: As defined within the relevant sections of the Public Health Service Act.

Implementation Authority

The bill is enacted under the authority of Congress as derived from the Constitution, particularly referencing the Interstate Commerce Clause, the Equal Protection Clause of the Fourteenth Amendment, and related powers granted under the Constitution.

Relevant Companies

• None found