{"data":{"id":"us-ky/krs-213.098","jurisdiction":"us-ky","citation":"KRS 213.098","heading":"Disclosure regarding fetal remains -- Forms -- Prohibited activities.","body":"(1) For the purposes of this section, \"fetal remains\" means the biological remains\nof a human child resulting from the termination of a pregnancy by a surgical or\nmedication abortion prior to birth or miscarriage.\n(2) (a) Within twenty-four (24) hours before a surgical or medication abortion or\nwithin twenty-four (24) hours of a miscarriage, the healthcare facility or\nabortion clinic shall disclose to the parent or parents of the fetus, both\norally and in writing, the parents' right to determine if they will take\nresponsibility for the final disposition of the fetal remains or relinquish the\nresponsibility for final disposition to the healthcare facility or abortion\nclinic.\n(b) If the procedure is a medication-induced abortion, the mother:\n1. Shall be informed that she will expel a fetus after leaving the\nhealthcare facility or abortion clinic;\n2. May  choose to return the fetal remains to the healthcare facility or\nabortion clinic for final disposition;\n3. Shall be exempted  from the requirements of KRS  213.081 that\nrequire a permit for the purpose of transporting the fetal remains\nback to the healthcare facility or abortion clinic for final disposition;\nand\n4. Shall be exempted  from the requirements of KRS  213.096 that\nrequire an abortion to be reported on a combination birth-death or\nstillbirth certificate.\n(c) After receiving the information required by paragraphs (a) and (b) of this\nsubsection, the parent or parents of the fetus shall inform the healthcare\nfacility or abortion clinic of their choice for the disposition of the fetal\nremains by electing to either:\n1. Relinquish the  guardianship of the  fetal remains  and  the\nresponsibility for final disposition of those  remains  to the\nguardianship of the healthcare facility or abortion clinic which shall\ndispose of those remains as they would any other human  remains;\nor\n2. Retain the guardianship for the fetal remains and designate that\nfetal remains shall be  released to the parent or parents for\ndisposition.\n(d) The  healthcare facility or abortion clinic shall document the parent's or\nparents' choice for the disposition of the fetal remains in the medical\nrecord.\n(3) The  cabinet shall design forms through administrative regulations that\ndocument:\n(a) The age of the parent or parents of the fetal remains;\n(b) In the event that the parents are under eighteen (18) years of age, have\nnot been emancipated by court order, or have not obtained a court order\ngranting the right to self-consent, a consent by their parent or guardian;\n(c) The status of fetal remains resulting from an abortion for the purpose of\ncremation that shall meet any requirements for a birth-death, provisional\ndeath, or death certificate for transport or cremation;\n(d) A designation of how the fetal remains shall be disposed of and who shall\nbe responsible for the final disposition; and\n(e) Any other information required by the cabinet.\n(4) A person or entity shall not:\n(a) Dispose of a fetus or fetal remains as medical or infectious waste;\n(b) Offer money or anything of value for an aborted fetus or fetal remains;\n(c) Accept money or anything of value for an aborted fetus or fetal remains;\nor\n(d) Transport, or arrange for the transportation of, fetal remains for any\npurpose other than:\n1. Final disposition by a crematory licensed under KRS Chapter 367;\n2. Interment by a funeral establishment licensed under KRS  Chapter\n316;\n3. Interment by the parent or parents privately in conformance with\nKRS  381.697 and administrative regulations promulgated by the\nCabinet for Health and Family Services;\n4. Delivery of the fetal remains to the healthcare facility or abortion\nclinic for final disposition;\n5. For law enforcement in the context of a criminal investigation with\nthe consent of the parent; or\n6. To a pathology laboratory for examination of the fetal remains with\nthe consent of the parent.","path":["KRS Chapter 213"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=52234","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:17Z","sha256":"25ee31f437ef898bf9cf8a17e973783907bc3441a5c0c844f79f36db70b5373b","source_id":"us-ky","stale":false,"prev":"us-ky/krs-213.096","next":"us-ky/krs-213.100"},"notice":"GroundRules: Original legal text. Not legal advice."}