Ohio § 3726.04 Exercise of rights by adult or minor pregnant woman

Ohio Statutes

§ 3726.04 — Exercise of rights by adult or minor pregnant woman

Ohio § 3726.04

Title 37Health-Safety-Morals

Ch. 3726Disposition of Fetal Remains from Surgical Abortion

This text of Ohio § 3726.04 (Exercise of rights by adult or minor pregnant woman) is published on Counsel Stack Legal Research, covering Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ohio Rev. Code Ann. § 3726.04 (2026).

Text

(A)(1) If a pregnant woman desires to exercise the rights under division (A) of section3726.03of the Revised Code, she shall make the determination in writing using a form prescribed by the director of health under division (C) of section3726.14of the Revised Code. The determination must clearly indicate both of the following:

(a)Whether the final disposition will be by cremation or interment;

(b)Whether the final disposition will be at a location other than one provided by the abortion facility.

(2)If a pregnant woman does not desire to exercise the rights under division (A) of section3726.03of the Revised Code, the abortion facility shall determine whether final disposition shall be by cremation or interment.

(B)(1) A pregnant woman who is under eighteen years of age, unmarried, a

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(A)(1) If a pregnant woman desires to exercise the rights under division (A) of section3726.03of the Revised Code, she shall make the determination in writing using a form prescribed by the director of health under division (C) of section3726.14of the Revised Code. The determination must clearly indicate both of the following:

(a) Whether the final disposition will be by cremation or interment;

(b) Whether the final disposition will be at a location other than one provided by the abortion facility.

(2) If a pregnant woman does not desire to exercise the rights under division (A) of section3726.03of the Revised Code, the abortion facility shall determine whether final disposition shall be by cremation or interment.

(B)(1) A pregnant woman who is under eighteen years of age, unmarried, and unemancipated shall obtain parental consent from one of the person's parents, guardian, or custodian to the final disposition determination she makes under division (A)(1) of this section. The consent shall be made in writing using a form prescribed by the director under division (B) of section3726.14of the Revised Code.

(2) The consent under division (B)(1) of this section is not required for a pregnant woman exercising her rights under division (A) of section3726.03of the Revised Code if an order authorizing the minor to consent, or the court to consent on behalf of the minor, to the abortion was issued under section2151.85or division (C) of section2919.121of the Revised Code.