Bernadette Wicks
Senior court reporter
2 minute read
29 Sep 2021
5:45 am

Catholic church takes foetus burial fight to ConCourt

Bernadette Wicks

Foetuses which don’t survive past 26 weeks are considered “medical waste” under the Births and Deaths Registration Act in its present form.

The Catholic church wants the Constitutional Court to allow all would-be parents who lose their unborn children – whether “through human intervention” or not – to bury their remains. Foetuses which don’t survive past 26 weeks are effectively considered “medical waste” under the Births and Deaths Registration Act in its present form and have, as a result, been incinerated in the past. But the High Court in Pretoria handed down a landmark ruling setting aside various sections of the Act and giving would-be parents who had lost children during pregnancy the right to bury them – so long as the...