2021 Ohio Revised Code
Title 37 | Health-Safety-Morals
Chapter 3726 | Disposition of Fetal Remains From Surgical Abortion
Section 3726.04 | Exercise of Rights by Adult or Minor Pregnant Woman.
Effective: April 6, 2021
Latest Legislation: Senate Bill 27 - 133rd General Assembly
(A)(1) If a pregnant woman desires to exercise the rights under division (A) of section 3726.03 of the Revised Code, she shall make the determination in writing using a form prescribed by the director of health under division (C) of section 3726.14 of 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 section 3726.03 of 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 section 3726.14 of 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 section 3726.03 of 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 section 2151.85 or division (C) of section 2919.121 of the Revised Code.
