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Wednesday, November 11, 2026Nov 11

Judge blocks Texas from requiring fetal remains be buried

Abortion debate tile
Abortion debate tile Abortion debate tile

AUSTIN, Texas (AP) – A federal judge on Thursday blocked until at least next month hotly debated Texas rules mandating burial or cremation of fetal remains that were set to go into effect within days.

The ruling by Austin-based U.S. District Judge Sam Sparks begins the latest legal battle for a state whose tough anti-abortion laws were largely struck down by the U.S. Supreme Court this summer.

The Center for Reproductive Rights and other national advocacy groups sued to prevent Texas from requiring hospitals and clinics to bury or cremate fetal remains from abortions or miscarriages rather than disposing of them in a sanitary landfill, as they often currently do with such remains and other biological medical waste. The rules had been set to take effect Monday.

The lawsuit argues that the rules serve no medical purpose and are meant to shame women who seek abortions and make it harder for doctors to provide them.

Sparks granted a temporary restraining order blocking the rules, then scheduled two days of testimony for early next month. He expects to rule by Jan. 6 on whether they will be allowed to stand going forward.