Protecting the Dignity of Unborn Children Act of 2025
The Protecting the Dignity of Unborn Children Act of 2025 adds a new federal crime to title 18. It criminalizes the reckless disposal or abandonment of fetal remains in a landfill or in navigable waters of the United States, with penalties up to 3 years in prison or fines (or both). The bill explicitly states it should not be used to prosecute a woman for disposing of the remains of her unborn child. It defines key terms, including what counts as fetal remains, what is a landfill, and what qualifies as navigable waters. In short, the bill creates a specific federal prohibition on improper disposal of fetal remains in certain locations, sets a criminal standard (recklessness), and includes a protections clause to avoid prosecuting the mother.
Key Points
- 1Establishes a new federal offense under Chapter 125 of Title 18: Unlawful Disposal of Fetal Remains.
- 2Offense: Recklessly disposes of or abandons fetal remains in a landfill or navigable waters, punishable by up to 3 years’ imprisonment, a fine, or both.
- 3Rule of construction: Specifically prohibits prosecuting a woman for disposal of the remains of her unborn child.
- 4Definitions:
- 5- Fetal remains = any part of a human fetus deceased due to abortion, excluding parts that have been cremated.
- 6- Landfill = a sanitary landfill (as defined by the Solid Waste Disposal Act).
- 7- Navigable waters = those as defined in the Federal Water Pollution Control Act.
- 8Scope and standard: Applies to disposal in landfills or navigable waters; uses a recklessness standard for the mental state of the offense.