To Bury or to Cremate? Forced Fetal Disposition in a Mother's World

Kenneth J. Schwalbert Jr. (University of Louisville), To Bury or to Cremate? Forced Fetal Disposition in a Mother's World, 62 U. of Louisville L. Rev. (2023):

Seven states have implemented so-called "fetal death" statutes. These statutes require fetal remains—from miscarriage or abortion—to be disposed of by cremation or burial. These statutes are explicit in that fetal remains cannot be disposed of as medical waste. This Note argues the validity of fetal death statutes implemented by seven states. The statutes are vague and do not specify who pays for the funeral services as a result of fetal death. Is it the mother or the state? I propose that if the state is going to claim an interest in the fetus, the state should pay for the disposition because not doing so would cause an undue burden on the mother. I also propose more defined statutory language to define terms and procedures regarding fetal death.