Would-be parents have right to bury remains of dead foetus: high court

Judge Nomonde Mngqibisa-Thusi declared sections of the Births and Deaths Registration Act (BDRA) — which effectively deems a foetus less than 26 weeks to be “medical waste” that must be incinerated — unconstitutional.

The application was brought by The Voice of the Unborn Baby NPC and the Catholic Archdiocese of Durban against the ministers of home affairs and health.

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