Indiana § 16-34-3-2 Right to determine final disposition of aborted fetus; determination;
parental consent; documentation

Indiana Statutes

§ 16-34-3-2 — Right to determine final disposition of aborted fetus; determination; parental consent; documentation

Indiana § 16-34-3-2

Title 16HEALTH

Art. 34ABORTION

Ch. 3Treatment of Aborted Remains

This text of Indiana § 16-34-3-2 (Right to determine final disposition of aborted fetus; determination; parental consent; documentation) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 16-34-3-2 (2026).

Text

(a)A pregnant woman who has an abortion under this article has the right to have the hospital or ambulatory outpatient surgical center dispose of the aborted fetus by interment in compliance with IC 23-14-54, or cremation through a licensee (as defined in IC 25-15-2-19) and in compliance with IC 23-14-31. The pregnant woman who selects to have the hospital or ambulatory outpatient surgical center dispose of the aborted fetus has the right to ask which method will be used by the hospital or ambulatory outpatient surgical center.

(b)After receiving the notification and information required by IC 16-34-2-1.1(a)(2)(H), IC 16-34-2-1.1(a)(2)(I), and IC 16-34-2-1.1(a)(2)(J), the pregnant woman shall inform the hospital or ambulatory outpatient surgical center:

(1)in writing; and

(2)on a form

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(a) A pregnant woman who has an abortion
under this article has the right to have the hospital or ambulatory
outpatient surgical center dispose of the aborted fetus by interment in
compliance with IC 23-14-54, or cremation through a licensee (as
defined in IC 25-15-2-19) and in compliance with IC 23-14-31. The
pregnant woman who selects to have the hospital or ambulatory
outpatient surgical center dispose of the aborted fetus has the right to
ask which method will be used by the hospital or ambulatory outpatient
surgical center.
(b) After receiving the notification and information required by IC 16-34-2-1.1(a)(2)(H), IC 16-34-2-1.1(a)(2)(I), and IC 16-34-2-1.1(a)(2)(J), the pregnant woman shall inform the hospital or
ambulatory outpatient surgical center:
(1) in writing; and
(2) on a form prescribed by the state department;
of the pregnant woman's decision for final disposition of the aborted
fetus by cremation or interment and, in an abortion induced by an
abortion inducing drug, whether the pregnant woman will return the
aborted fetus to the hospital or ambulatory outpatient surgical center
for disposition by interment in compliance with IC 23-14-54, or
cremation through a licensee (as defined in IC 25-15-2-19) and in
compliance with IC 23-14-31.
(c) If the pregnant woman is a minor, the hospital or ambulatory
outpatient surgical center shall obtain parental consent in the
disposition of the aborted fetus unless the minor has received a waiver
of parental consent under IC 16-34-2-4.
(d) The hospital or ambulatory outpatient surgical center shall
document the pregnant woman's decision concerning disposition of the
aborted fetus in the pregnant woman's medical record.
(e) In the case of an abortion induced by an abortion inducing drug,
the pregnant woman may return the aborted fetus to the hospital or
ambulatory outpatient surgical center for disposition by interment in
compliance with IC 23-14-54, or cremation through a licensee (as
defined in IC 25-15-2-19) and in compliance with IC 23-14-31.