DIGNITY FOR ABORTED CHILDREN

Illinois General Assembly - Full Text of SB3961

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3961

Introduced 2/6/2026, by Sen. Terri Bryant

SYNOPSIS AS INTRODUCED:

New Act

Creates the Dignity for Aborted Children Act. Provides that,
notwithstanding any State law or administrative rule to the contrary, any
physician after performing an abortion shall provide the patient with an
informed consent form, provided by the Department of Public Health,
offering the patient specified options for disposal of the human fetal
tissue from the abortion. Provides that it is unlawful for any physician,
after performing an abortion in which the patient elects to release the
human fetal tissue to the physician, to fail to provide for the final
disposition of the human fetal tissue through interment or cremation,
consistent with State law regarding the disposal of human remains, not
later than 7 days after the date on which the abortion procedure was
performed. Requires physicians who perform abortions and persons, not
including patients, to whom human fetal tissue is transferred to submit
annual reports to the Department containing specified information.
Contains provisions specifying civil penalties, criminal designations, and
consideration of action by the Illinois State Medical Board. Provides that
a patient upon whom an abortion is performed or attempted in violation of
the Act may not be prosecuted under the Act or for a conspiracy to violate
the Act. Provides that the Department shall submit to the General Assembly
an annual report on the number of abortions, procedure type, and method of
disposal of human fetal tissue under the Act.
LRB104 18705 BDA 32148 b

A BILL FOR

SB3961
LRB104 18705 BDA 32148 b
1

AN ACT concerning abortion.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 1.
Short title.
This Act may be cited as the
5
Dignity for Aborted Children Act.

6

Section 5.
Definitions.
As used in this Act:
7

"Abortion" has the meaning provided in Section 1-10 of the
8
Reproductive Health Act.
9

"Department" means the Department of Public Health.
10

"Human fetal tissue" means tissue obtained from a dead
11
human embryo or fetus after a spontaneous or induced abortion
12
or after a stillbirth.
13

"Physician" means any person licensed to practice medicine
14
in all its branches under the Medical Practice Act of 1987.

15

Section 10.
Disposal of human fetal tissue; informed
16
consent.
17

(a) Notwithstanding any State law or administrative rule
18
to the contrary, any physician, after performing an abortion
19
in this State, shall provide the patient with an informed
20
consent form, provided by the Department, offering the patient
21
the following options for disposal of the human fetal tissue
22
from the abortion:

SB3961
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LRB104 18705 BDA 32148 b
1

(1) The patient may take possession of the human fetal
2

tissue and may choose to transfer the tissue to an entity
3

providing interment or cremation.
4

(2) The patient may elect to release the human fetal
5

tissue to the physician, who shall be subject to the
6

requirements of subsection (b), except that the option
7

described in this paragraph shall not be available if the
8

patient does not expel the human fetal tissue at the
9

premises of the physician performing the abortion.
10

(b) A physician described in subsection (a) shall:
11

(1) obtain a patient signature on each consent form
12

required under subsection (a); and
13

(2) retain each consent form in the patient's file.

14

Section 15.
Physician disposal.
15

(a) It is unlawful for any physician, after performing an
16
abortion in this State in which the patient elects to release
17
the human fetal tissue to the physician under paragraph (2) of
18
subsection (a) of Section 10, to fail to provide for the final
19
disposition of the human fetal tissue through interment or
20
cremation, consistent with State law regarding the disposal of
21
human remains, not later than 7 days after the date on which
22
the abortion procedure was performed.
23

(b) The final disposition of human fetal tissue under
24
paragraph (2) of subsection (a) of Section 10 may be carried
25
out through interment or cremation of tissue from more than

SB3961
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LRB104 18705 BDA 32148 b
1
one abortion procedure collectively.

2

Section 20.
Physician reports; reports of persons to whom
3
human fetal tissue is transferred.
4

(a) A physician described in subsection (a) of Section 10
5
shall submit annual reports to the Department indicating, with
6
respect to the annual reporting period:
7

(1) the aggregate number of abortion procedures
8

performed by the physician;
9

(2) the gestational age of the fetus at the time of
10

each procedure; and
11

(3) for abortions carried out using an abortion method
12

other than chemical abortion:
13

(A) the aggregate number of human embryos or
14

fetuses for which the physician provides for final
15

disposition through interment or cremation, other than
16

by releasing the human fetal tissue to a patient under
17

paragraph (1) of subsection (a) of Section 10;
18

(B) the aggregate number of human embryos or
19

fetuses released to patients; and
20

(C) the identity of each person, not including the
21

patient, to whom the physician transfers human fetal
22

tissue for final disposition.
23

(b) If, during the reporting period under subsection (a),
24
a physician transfers human fetal tissue to another person,
25
not including the patient, for final disposition through

SB3961
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LRB104 18705 BDA 32148 b
1
interment or cremation, the person shall submit a report to
2
the Department for the annual reporting period specifying:
3

(1) the aggregate number of human embryos or fetuses
4

transferred to the person; and
5

(2) how the person disposed of the human fetal tissue.

6

Section 25.
Penalties; violations; patient exemption.
7

(a) Any physician who fails to maintain the documentation
8
required under subsection (b) of Section 10 shall be subject
9
to a civil penalty in an amount not less than $1,000 per
10
violation and not exceeding $50,000 per violation.
11

(b) Any physician who violates Section 15 is guilty of a
12
Class A misdemeanor.
13

(c) Any physician who violates subsection (a) of Section
14
20 is guilty of a Class B misdemeanor.
15

(d) A violation described under subsection (a), (b), or
16
(c) shall result in the matter also being considered for
17
action by the Illinois State Medical Board on its authority.
18

(e) A patient upon whom an abortion is performed or
19
attempted in violation of this Act may not be prosecuted under
20
this Act or for a conspiracy to violate this Act.

21

Section 30.
Department annual reports.
The Department
22
shall submit to the General Assembly an annual report on the
23
number of abortions, procedure type, and method of disposal of
24
human fetal tissue under this Act.

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