H.R.798 - Dignity for Aborted Children Act (119th Congress)
Summary
H.R.798, the "Dignity for Aborted Children Act," mandates specific procedures for the disposal of fetal remains following an abortion. It requires abortion providers to offer patients the option of taking possession of the remains for interment or cremation or releasing them to the provider for the same purpose. The bill also establishes reporting requirements for abortion providers and the Secretary of Health and Human Services.
Failure to comply with the informed consent requirements would result in civil monetary penalties, while violations of the disposal requirements could lead to fines and imprisonment. The bill asserts its constitutional authority under the Interstate Commerce Clause, Section 5 of the 14th Amendment, and the Necessary and Proper Clause.
The bill aims to ensure dignified treatment of fetal remains and provide women with choices regarding their disposition, while also imposing regulations and potential penalties on abortion providers.
Expected Effects
The bill would change the practices of abortion providers by requiring informed consent for the disposal of fetal remains and mandating either patient possession or provider-arranged interment or cremation. It would also introduce new reporting requirements for providers and the Secretary of Health and Human Services.
These changes could increase the cost and complexity of abortion procedures. It may also lead to legal challenges based on privacy and reproductive rights.
Potential Benefits
- Provides women with the option to take possession of fetal remains for private interment or cremation, potentially offering closure.
- Ensures a minimum standard of dignity in the disposal of fetal remains, reflecting respect for life.
- Increases transparency through reporting requirements for abortion providers and the Secretary of Health and Human Services.
- May reduce the likelihood of improper or disrespectful disposal of fetal remains.
- Could lead to increased awareness and sensitivity surrounding the issue of abortion and fetal remains.
Most Benefited Areas:
Potential Disadvantages
- May impose additional financial and administrative burdens on abortion providers, potentially increasing the cost of abortion procedures.
- Could be perceived as an attempt to stigmatize abortion and create emotional distress for women seeking or undergoing the procedure.
- May face legal challenges based on privacy rights and the undue burden standard established in abortion jurisprudence.
- The reporting requirements could potentially compromise patient privacy, despite the aggregate nature of the reports.
- The definition of "abortion" could be interpreted broadly, potentially encompassing procedures related to miscarriages or ectopic pregnancies.
Constitutional Alignment
The bill cites the Interstate Commerce Clause (Article I, Section 8), Section 5 of the 14th Amendment (equal protection), and the Necessary and Proper Clause (Article I, Section 8) as its constitutional basis. The applicability of the Interstate Commerce Clause is debatable, as the disposal of fetal remains may not be directly related to interstate commerce.
The 14th Amendment argument hinges on whether fetal remains are considered persons entitled to equal protection under the law, a contentious legal issue. The Necessary and Proper Clause allows Congress to enact laws necessary to execute its enumerated powers, but this is contingent on the validity of the other constitutional claims.
Challenges to the bill could argue that it infringes upon privacy rights, potentially violating the 14th Amendment's Due Process Clause, particularly if the regulations are deemed an undue burden on a woman's right to choose.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).