Nebraska advances bill requiring burial or cremation after abortions

• A Nebraska bill requiring burial or cremation of fetal remains after elective abortions has advanced in the legislature. The proposal would make health officials responsible for the method of disposal.
• Supporters say the bill is about public health and dignity, pointing to similar laws in at least 15 other states.
• Critics argue the bill could restrict abortion access and silence patients. They call it a backdoor attempt to ban abortion in Nebraska.

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A bill that would require health care facilities in Nebraska to cremate or bury fetal remains following an elective abortion is advancing in the legislature, drawing both support and criticism from state lawmakers.

Bill would require hospitals to bury, cremate fetal remains

Legislative Bill 632, introduced by Sen. Ben Hansen, R-Blair, moved forward Monday, April 14, with a 34–11 vote. One senator later said they voted “yes” by mistake. Under the proposal, the responsibility for selecting burial or cremation would fall on health officials, not patients.

“There is no consideration for either the remains or the safety of public health,” Hansen said during debate on Monday. “However, in both cases, the remains are the exact same –– nothing differs in the body of a baby between an elective or spontaneous abortion –– the only difference is the cause of death.”

LB 632 would apply specifically to facilities that perform elective abortions.

Hansen argued that the measure is about public safety, saying, “The first reason for this is public health. Failure to provide for proper and safe disposition of human tissue and blood presents risks to the natural environment and the health of the general public by contamination of air, soil and water.”

The legislation mirrors a 1987 Minnesota law requiring fetal remains from abortions or miscarriages be handled in a “dignified, sanitary and consistent way.” At least 15 other states have enacted similar policies.

It also reflects elements of a 2003 Nebraska law that mandates hospitals have a written policy for handling the remains of a child born dead at any stage of a confirmed pregnancy, as long as the fetus can be identified with the naked eye. That earlier law does not apply to elective abortions.

“On average, there are more than 2,000 abortions in Nebraska per year, though not all elective abortions are completed in a licensed facility,” Hansen said.

Hansen also said the bill isn’t intended to shame or restrict patients.

“This is not about shaming mothers, forcing them to make a decision, or taking away reproductive rights,” he said.

Lawmakers say bill could limit abortion access

Despite that, some lawmakers pushed back.

“LB 632 is about burdening abortion providers and patients,” said Sen. Ashlei Spivey, D-Omaha. “It is about shaming and stigmatizing care, and it’s about removing patients’ control over their own health care.”

She called the proposal a backdoor attempt to ban abortion in the state. Spivey argued that the bill does not include any requirement to notify patients about how fetal remains will be handled.

Sen. George Dungan, D-Lincoln, echoed concerns about government overreach, saying, “I think this is yet another bill where we are seeing an attempt for big government overreach into the personal lives of everyday Nebraskans.”

Both senators argue the bill could create barriers for those seeking abortions despite current Nebraska law, which allows for the procedure up to 12 weeks.

Supporters say bill is straightforward and upholds dignity

Supporters defended the proposal, citing reports of fetal remains being bought and sold.

“The federal government in many states have laws prohibiting the sale and purchasing of human fetal remains,” said Sen. Dan Lonowski, R-Hastings.

Others said the measure is being mischaracterized.

“I don’t know why anybody –– if God forbid, they had to have an abortion, but they did –– why they wouldn’t want that or any other body that when we pass away, disposed of, or have a proper, I call it, send off,” said Sen. Myron Dorn, R-Gage County.

Lawmakers have filed amendments to the bill, including changes that would protect in vitro fertilization (IVF) services and procedures. The bill will need 33 votes to continue advancing through the legislative process.