Ark. Code Ann. § 20-17-802 (2026)
Fetal remains resulting from abortion
- A physician or facility that performs an abortion shall ensure that the fetal remains and all parts are disposed of in accordance with § 20-17-801 and the Arkansas Final Disposition Rights Act of 2009, § 20-17-102.
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A person shall not perform any biomedical or behavioral research on:
- A fetus born alive as the result of a legal abortion unless the research is for the exclusive benefit of the fetus so born; or
- A fetus born dead as the result of a legal abortion or on any fetal tissue produced by the abortion.
- A person shall not buy, sell, give, exchange, or barter or offer to buy, sell, give, exchange, or barter any fetus born dead as a result of a legal abortion or any organ, member, or tissue of fetal material resulting from a legal abortion.
- A person shall not possess either a fetus born dead as a result of a legal abortion or any organ, member, or tissue of fetal material resulting from a legal abortion.
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Subsection (d) of this section does not apply to:
- A physician performing a legal abortion or a pathologist performing a pathological examination as the result of a legal abortion;
- An employee, agent, or servant of a physician performing a legal abortion or pathologist performing a pathological examination as the result of a legal abortion;
- The staff, faculty, students, or governing body of any institution of higher education or institution of secondary education to the extent of courses of instruction taught and research conducted at the institutions;
- Licensed physicians or their employees, agents, and servants while in the conduct of medical research;
- Any licensed physician when performing a standard autopsy examination; or
- Any person acting in accordance with § 20-17-801 or the Arkansas Final Disposition Rights Act of 2009, § 20-17-102.
- A person violating this section is guilty of a Class A misdemeanor.
History. Acts 1983, No. 714, §§ 1-7; A.S.A. 1947, §§ 82-436 — 82-442; Acts 2015, No. 535, § 1; 2017, No. 603, § 3.
Amendments. The 2015 amendment inserted “or facility” following “physician” in (a); redesignated former (b)(1) as the introductory language of (b) and (b)(1); redesignated former (e)(1) as (e)(1) and (2), and redesignated the remaining subdivisions accordingly; and, in (e)(2), inserted “performing a legal abortion” and added “performing a pathological examination as the result of a legal abortion”.
The 2017 amendment substituted “in accordance with § 20-17-801 and the Arkansas Final Disposition Rights Act of 2009, § 20-17-102” for “in a fashion similar to that in which other tissue is disposed” in (a); deleted “without permission of the mother” at the end of (b)(2); substituted “Subsection (d) of this section” for “This section” in (e); and added (e)(6).
Cross References. Registration of termination of pregnancy, § 20-18-603.
Regulation of abortions, § 5-61-101.
Research References
U. Ark. Little Rock L.J.
Legislative Survey, Health Law, 8 U. Ark. Little Rock L.J. 583.
Subchapter 9 — Cemeteries Generally
Cross References. Cemetery access roads, § 14-14-812.
Cemeteries — Access — Debris — Disturbance, § 5-39-212.
Preambles. Acts 1965, No. 445, contained a preamble which read:
“Whereas, there are persons who desire to establish trust funds for the upkeep of burial grounds to which perpetual care is not available; and
“Whereas, a reasonable amount allocated to such a trust fund would assist in the preservation of burial grounds in this State;
“Now, therefore … .”
Effective Dates. Acts 1929, No. 204, § 4: Jan. 1, 1930.
Acts 1939, No. 122, § 2: effective on passage.
Acts 1985, No. 597, § 3: Mar. 26, 1985. Emergency clause provided: “It is hereby found and determined by the General Assembly that present law only allows a person to deposit two thousand five hundred dollars in trust for the perpetual care of a burial plot; this amount is no longer adequate to provide for the perpetual care of burial plots in many instances and therefore this Act is necessary to increase the amount authorized for deposit into a perpetual care trust; until this Act becomes effective the citizens of this State will be subject to the obsolete restrictions contained in the law amended hereby. Therefore, an emergency is hereby declared to exist and this Act being necessary for the perservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”
Acts 2007, No. 240, § 5: Mar. 9, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the current extremely harsh remedy under the rule against perpetuities that renders a grantor's entire grant void if the grant violates the rule is outdated and should be replaced; that the common law rule fosters litigation at great cost to the citizens of this state because of its many complexities, with often devastating consequences to estates; and that the revision by this act of the common law remedy to permit the likely occurrence that a grant will vest or to permit a court to reform a grant that does not vest in the manner that most likely approximate the transferor's manifested plan is immediately necessary for the good of the citizens of this state. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”
Research References
ALR.
Liability of cemetery in connection with conducting or supervising burial services. 42 A.L.R.4th 1059.
Liability for improper manner of reinterment of dead bodies. 53 A.L.R.4th 394.
Liability for desecration of graves and tombstones. 77 A.L.R.4th 108.
Am. Jur. 14 Am. Jur. 2d, Cemeteries, § 1 et seq.
C.J.S. 14 C.J.S., Cemeteries, § 1 et seq.
Case Notes
Applicability.
The provisions of this subchapter did not affect obligation of contract of cemetery association incurred under trust commitments in 1922. Page v. Harr, 224 Ark. 961, 278 S.W.2d 121 (1955).