A New State Rule Requires Aborted Fetuses to Be Buried — Here's Why That's So Disturbing

After several months of attempts to block a set of rules that would require aborted fetuses to be cremated or buried in Texas, the legislation has officially been implemented. The rules go into effect on Dec. 19 and will ban healthcare facilities from disposing of fetuses in sanitary landfills.

The set of rules were introduced in July and faced sharp criticism from pro-choice activists across the country. They said the new rules unfairly target abortion clinics and could limit a woman's ability to receive an abortion in the state. One of the issues with the rules is the cost, which The Washington Post reports could be over $1,000 per fetus; the expenses could drastically limit healthcare providers from offering abortions.

Proponents of the new rules like Texas Governor Greg Abbott say they don't believe that fetal remains should be "treated like medical waste and disposed of in landfills."

After concerns that the new rules would apply to women who miscarry, the Department of State Health Services clarified that the law would not apply to women who have miscarriages or at-home abortions.

It's already distressingly difficult to obtain an abortion in Texas, even in cases where the mother's life is endangered. Since 2013, more than half of the state's abortion clinics have been forced to close because of restrictive legislation. However, the bill that implemented the strict restrictions on abortion clinics, House Bill 2, has since been overturned by the Supreme Court.

Given that Roe v. Wade stipulated that states could not place "undue burden" on women seeking abortions and the recent HB2 Supreme Court ruling, Texas's new guidelines are likely to be challenged legally. However, it means that women in the state will face even more difficulty receiving the procedure in the meantime.