This comes after the Gauteng High Court in Pretoria found that the act denied parents the right to bury the remains of a foetus that was less than 26 weeks old.
The applicants argued that the act was"insensitive, hurtful and disrespectful" because it only allows for a death certificate to be issued in"stillborn" cases when the foetus is more than 26 weeks old.High Court Judge Nomonde Mngqibisa-Thusi agreed and ruled that sections of the act were unconstitutional on the basis it"deemed a foetus less than 26 weeks to be medical waste that must be incinerated".
"Such a burial or cremation would no doubt require the cooperation of healthcare professionals and public hospitals would be expected to allocate the necessary resources.
GroundUp_News Then who should rule on this if the constitutional court declines to do so?
GroundUp_News All parents irrespective of how old a ' fetus' is should be allowed to bury their loved one. Incinerating a fetus is barbaric and wrong. If anti abortionists say it wrong to abort because conception starts from the beginning then parents should have a right to bury a fetus/child
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