Wednesday, October 1, 2025

NYC Drops Requirement for Special Treatment of Aborted Fetuses

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New York City Scraps Requirement for Late-Term Abortion Burial

The New York City Department of Health has eliminated a requirement that fetuses aborted at or after 24 weeks be considered "human remains" and sent to funeral homes for burial or cremation.

Background

The 24-week mark is generally considered the point of potential viability to survive early birth. Until the rule change, it was mandatory to send such late-term aborted fetuses to funeral homes for burial or cremation. Medical facilities would now be allowed to dispose of the "conceptus" on premises, as is the case for earlier term aborted fetuses, relieving the patient or family of the responsibility and cost.

Health Department’s Decision

The department is proposing to amend Health Code Articles 203 and 205 to eliminate the requirement that any conceptus that has completed 24 or more weeks of gestation be disposed of as human remains. Disposition as human remains would remain available upon request by those who desire burial or cremation.

Reactions

Abortion opponents argued that eliminating the right to a burial for a viable fetus is just another example of devaluing life. "This is horrible. They’re treating human beings like trash," said Jeaane Head, a retired registered nurse who has served as the National Right to Life Committee’s representative to the United Nations.

Health Officials’ Perspective

But health officials said patients should not be forced to pay for funeral expenses following a later term abortion, already a wrenching experience for many pregnant women. The department emphasized that burial is still an option if the family chooses under the rule change. "This is inequitable. It’s costly. People need to call a funeral director… and pay for a burial or cremation," said Gretchen Van Wye, the department’s chief epidemiologist.

Board of Health’s Decision

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 someone decides to proceed after making such a personal medical decision should not be dictated by the government," said DOH spokesman Patrick Gallahue.

Medical Professionals’ Reaction

Doctors who provide reproductive care lauded 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 fellow with Physicians for Reproductive Health.

Conclusion

The New York City Department of Health’s decision to scrap the requirement for late-term abortion burial is a step towards providing more accessible and compassionate reproductive care for patients. By allowing medical facilities to dispose of late-term aborted fetuses on premises, the city is reducing the financial burden on patients and families, while still providing the option for burial or cremation if desired.

FAQs

Q: What is the new policy regarding late-term abortion burial in New York City?
A: The New York City Department of Health has eliminated the requirement that fetuses aborted at or after 24 weeks be considered "human remains" and sent to funeral homes for burial or cremation.

Q: Why did the health department make this change?
A: The department said that patients should not be forced to pay for funeral expenses following a later term abortion, already a wrenching experience for many pregnant women.

Q: Is burial still an option for patients who want it?
A: Yes, burial is still an option if the family chooses under the new rule.

Q: How will this change affect patients who have had a late-term abortion?
A: Patients will no longer be required to pay for funeral expenses or arrange for a burial or cremation following a late-term abortion.

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