A Mom's Peace is a mission for mothers of miscarried and stillborn souls. Headquartered in Virginia and run by volunteers, it supports moms, and dads, of all faith and non-faith backgrounds during a very difficult time - the loss of a child. A Mom's Peace also helps provide dignity and respect in death for miscarried or stillborn babies, the youngest of our clients.
This podcast is the first in a series of podcasts on this subject, particularly as it relates to the rights of parents when a baby is stillborn or miscarried. In some states, such as Indiana, healthcare facilities and abortion providers are required to inform pregnant women or parents of their right to determine the final disposition of fetal remains and to document that decision in the woman’s medical record.
Last year, the U.S. Supreme Court upheld the Indiana law requiring healthcare providers to properly dispose of fetal remains and not treat unborn children as medical waste. "This Court has already acknowledged that a State has a "legitimate interest in proper disposal of fetal remains." Box v. Planned Parenthood of Indiana and Kentucky, Inc., 139 S. Ct. 1780, 1782 (2019).
In addition to Indiana, other states with fetal disposition laws include Texas, Louisiana, and Arkansas. Georgia has had a law on the books for several years that regulates the disposal of fetal tissue. Last year, state legislators in Pennsylvania, Ohio, and Wisconsin introduced legislation to amend state laws on fetal remains. Similar efforts are under review in Tennessee, Mississippi, South Carolina, and right here in Virginia.
In 2016, HB 970 was introduced in the Virginia House of Delegates that, had it been enacted, would have required hospitals and health care providers who provide abortion services to dispose of fetal remains by burial or cremation. In a future episode, we will further explore some of these laws and why the laws in a majority of U.S. states treat stillborn or miscarried babies as medical waste. We will also speak with other fundamental rights advocates to change that so that parents know their rights and the rights and dignity of our youngest clients are defended.
Further Reading
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The Fundamental Rights of the Youngest Clients