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The Statehouse News Bureau provides educational, comprehensive coverage of legislation, elections, issues and other activities surrounding the Statehouse to Ohio's public radio and television stations.

Court puts on hold a new Ohio law that requires aborted remains be buried or cremated

By Jo Ingles

Published February 2, 2022 at 9:13 PM EST

Attorney Jessie Hill represents abortion clinics in the suit. [Daniel Konik / Statehouse News Bureau] — Attorney Jessie Hill

Hamilton County Common Pleas Court Judge Alison Hatheway has put on hold the state’s new law that requires abortion providers cremate or bury fetal remains. An attorney for the abortion clinics who brought the suit, Jessie Hill, says this law targets them.

“Although the state claims that this law is needed because embryos and fertilized eggs have dignity and need to be cremated or buried, it doesn’t apply to miscarriages or to IVF clinics who are exactly managing the same sorts of tissue,” Hill said.

This is the second time the court has blocked the law. Last spring, the judge put the law on hold, saying the Ohio Department of Health hadn't provided rules and forms required to comply with the law. ODH has since supplied those.

In this ruling, the judge decided to continue providing relief for the state’s abortion providers until final judgment is entered in the case. Based on past cases, the issue likely will be appealed to federal court or the Ohio Supreme Court.