Women taking abortion pills at home could be given special kits to collect fetal remains under a new bill introduced in Congress. The Don't Flush Babies Act, introduced by South Carolina Republican Representative Sheri Biggs earlier this month, would also require abortion pill packaging to carry warnings against flushing fetal remains down the toilet. The legislation would make abortion providers responsible for accepting remains returned by patients and arranging their burial or cremation, with fines of up to $150,000 and possible prison sentences for certain violations.
Supporters say the measures would protect water supplies and ensure fetal remains are handled respectfully, while critics say "catch kits" add barriers to care. The proposal comes as medication abortion remains a major focus of the national debate over terminations. The legislation would require abortion pill packaging to carry the warning: "Do not flush the fetus or solid medical waste generated by the use of this drug." The label would also feature an image of a 10-week-old fetus, alongside a picture of a toilet.
Patients prescribed abortion pills would be given a "catch kit," containing two brightly colored containers labeled "Human Fetal Remains" and the other "Solid Medical Waste." The legislation would require abortion providers to accept fetal remains and medical waste returned by patients, even if those patients had originally obtained abortion care elsewhere. Providers would then have to arrange for fetal remains to be buried or cremated and for other medical waste to be disposed of. Anyone prescribing or dispensing abortion pills without supplying the required kit and instructions, or tampering with a kit, could face up to five years in prison, a fine of between $20,000 and $150,000, or both, for each offense.
Abortion pills sold without the proposed warning would be subject to separate federal penalties for improperly labeled drugs. The legislation could also create practical difficulties for patients obtaining abortion pills through telehealth, particularly those living in states where abortion is banned or heavily restricted. The proposal has been referred to a House committee and has not been put to a vote.
Biggs introduced the bill alongside Texas Republican Representative Michael Cloud, with help from Liberty Counsel Action (LCA), an anti-abortion advocacy organization. In a November 5 statement announcing the bill, Biggs said it is a "necessary reality check regarding the undignified treatment of human baby remains and the irreversible consequences of at-home chemical abortions." The LCA argues that fetal remains and chemicals associated with abortion pills are entering wastewater systems when women undergo abortions at home. The LCA estimated that approximately 700,000 medication abortions take place at home each year.
The bill prompted an outcry from some healthcare groups. Palmetto State Abortion Fund, a nonprofit covering South Carolina, Georgia, Alabama, and Mississippi, shared a statement saying: "There’s no established wastewater crisis caused by fetal tissue from medication abortions. Catch kits aren't medically necessary, don't confirm abortion completion, and create unnecessary privacy concerns and barriers to care." The Don't Flush Babies Act follows a similar proposal introduced in March by Illinois Republican Representative Mary Miller.
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