NYC tosses requirement to treat babies aborted at 24 weeks as 'human remains' for burial, cremation

The Department of Health in New York City has tossed a rule requiring abortion facilities to classify late-term aborted babies as "human remains" to be sent to funeral homes in order to be buried or cremated. The remains of babies aborted after 24 weeks in the womb, generally considered to be a point of viability, were once required to be sent to funeral homes for burial or cremation in New York City. Babies born as early as 21 weeks have survived and gone on to thrive.

With the rule's reversal, however, there will no longer be such a requirement, per the New York Post. Abortion clinics will now be allowed to dispose of the babies' remains on the premises of the facility, along with other waste, in order to avoid costs for those that have the late-term abortions. "The Department is proposing to amend the Health Code Articles 203 and 205 to eliminate the requirement that any conceptus that has completed 24 or more weeks of gestation be disposed of as human remains," the rule change stated.

"Disposition as human remains would remain available upon request by those who desire burial or cremation," the rule added. Abortion clinics will have the option to incinerate the remains of aborted late-term babies on the premises of their facilities. Pro-life advocates have spoken out against the rule change, saying that it devalues life even further.

"This is horrible. They’re treating human beings like trash," said retired nurse Jeaane Head, who has served on the National Right to Life Committee for the United Nations. "It’s infanticide. They don’t want mothers to know they killed their baby," Head added.

Health officials have argued that those who get the late-term abortions should not have to pay for the funeral expenses associated with the requirement and said that it is already a hard experience for the women who go through with late-term abortions. "This is inequitable. It’s costly. People need to call a funeral director … and pay for a burial or cremation," NYC Health Department's Chief Epidemiologist Gretchen Van Wye said during a recent meeting regarding the rule change. "It’s very traumatic to people. This is a matter we don’t think the government needs to be involved in. This is something for the patient and provider to talk about."


NYC Health Department's Chief Epidemiologist Gretchen Van Wye

Around two percent of abortions in the city occur after 21 weeks, according to recent data reviewed by the Post. There were 36,060 abortions in New York City in 2020, per New York goverment statistics. This would mean around 720 abortions that year happened after 21 weeks, and many would fall under the rule change. Dr. Erinma Ukoha, a maternal fetal medicine specialist in New York, told the outlet, "I applaud New York City’s leadership in responding to the real needs of people accessing later abortion care."

Ukoha added, "As a physician who provides care to people navigating these often complicated and unforeseen circumstances, I am comforted that individuals and families will be able to make the decision that is best for them."