KRS § 213.098 — KY Code / Title XVIII / Chapter 213 / Section 213.098
213.098 Disclosure regarding fetal remains -- Forms -- Prohibited activities
Status: in_force

213.098 Disclosure regarding fetal remains -- Forms -- Prohibited activities.

(1) For the purposes of this section, "fetal remains" means the biological remains

of a human child resulting from the termination of a pregnancy by a surgical or

medication abortion prior to birth or miscarriage.

(2) (a) Within twenty-four (24) hours before a surgical or medication abortion or

within twenty-four (24) hours of a miscarriage, the healthcare facility or

abortion clinic shall disclose to the parent or parents of the fetus, both

orally and in writing, the parents' right to determine if they will take

responsibility for the final disposition of the fetal remains or relinquish the

responsibility for final disposition to the healthcare facility or abortion

clinic.

(b) If the procedure is a medication-induced abortion, the mother:

1. Shall be informed that she will expel a fetus after leaving the

healthcare facility or abortion clinic;

2. May choose to return the fetal remains to the healthcare facility or

abortion clinic for final disposition;

3. Shall be exempted from the requirements of KRS 213.081 that

require a permit for the purpose of transporting the fetal remains

back to the healthcare facility or abortion clinic for final disposition;

and

4. Shall be exempted from the requirements of KRS 213.096 that

require an abortion to be reported on a combination birth-death or

stillbirth certificate.

(c) After receiving the information required by paragraphs (a) and (b) of this

subsection, the parent or parents of the fetus shall inform the healthcare

facility or abortion clinic of their choice for the disposition of the fetal

remains by electing to either:

1. Relinquish the guardianship of the fetal remains and the

responsibility for final disposition of those remains to the

guardianship of the healthcare facility or abortion clinic which shall

dispose of those remains as they would any other human remains;

or

2. Retain the guardianship for the fetal remains and designate that

fetal remains shall be released to the parent or parents for

disposition.

(d) The healthcare facility or abortion clinic shall document the parent's or

parents' choice for the disposition of the fetal remains in the medical

record.

(3) The cabinet shall design forms through administrative regulations that

document:

(a) The age of the parent or parents of the fetal remains;

(b) In the event that the parents are under eighteen (18) years of age, have

not been emancipated by court order, or have not obtained a court order

granting the right to self-consent, a consent by their parent or guardian;

(c) The status of fetal remains resulting from an abortion for the purpose of

cremation that shall meet any requirements for a birth-death, provisional

death, or death certificate for transport or cremation;

(d) A designation of how the fetal remains shall be disposed of and who shall

be responsible for the final disposition; and

(e) Any other information required by the cabinet.

(4) A person or entity shall not:

(a) Dispose of a fetus or fetal remains as medical or infectious waste;

(b) Offer money or anything of value for an aborted fetus or fetal remains;

(c) Accept money or anything of value for an aborted fetus or fetal remains;

or

(d) Transport, or arrange for the transportation of, fetal remains for any

purpose other than:

1. Final disposition by a crematory licensed under KRS Chapter 367;

2. Interment by a funeral establishment licensed under KRS Chapter

316;

3. Interment by the parent or parents privately in conformance with

KRS 381.697 and administrative regulations promulgated by the

Cabinet for Health and Family Services;

4. Delivery of the fetal remains to the healthcare facility or abortion

clinic for final disposition;

5. For law enforcement in the context of a criminal investigation with

the consent of the parent; or

6. To a pathology laboratory for examination of the fetal remains with

the consent of the parent.