and the Texas rule have been blocked by federal judges.In spite of the ruling, Texas has introduced a bill to give the health department rule the force of law.The rule applies to both miscarriages and abortion, but allows exception for fetal remains which are expelled from the womb at home rather than in a hospital or clinic.(1) The bill, SB8, was approved by the Health and Human Services Committee on March 7, 2017, and placed on the intent calendar to be considered by the Senate. (2)

Abortion advocates, of course, object to any such requirement, arguing that it is purely political to place an additional barrier to abortion.While it is the hospital or abortion clinic who must pay the additional cost, that cost would in effect raise the price of abortion. The rule allows multiple fetuses to be cremated or buried together, however, which significantly reduces the cost.(1) The states of course argue that fetal remains are human remains and should be treated with respect, just as much as the worst criminal who is still given a burial by the state.(3)

If this rule were to come into effect, a woman planning an abortion might never be aware of any difference in how the remains are treated. But the abortion workers would know. They will be reminded that the tissue they handle must be treated with respect, as the remains of a human person.

1. http://www.foxnews.com/politics/2017/01/27/federal-judge-again-blocks-texas-fetal-remains-rules.html

2. https://www.texasrighttolife.com/bills/85th-session-sb8/

3. http://woai.iheart.com/articles/local-news-119078/the-proposal-to-mandate-fetal-remains-15629714/