Bodies of unborn children remain locked in 'frozen limbo'

Since September, the bodies of 17 unborn children have remained locked in a freezer at Albany Medical Center, while state and Albany County officials remain locked in a battle over whose responsibility it is to dispose of them.

Now, that battle has seemingly reached an impasse -- along with the Albany Diocese's offer to bury the fetuses in a diocesan cemetery.

The 17 fetuses were found in September when authorities searched an unlicensed abortion clinic, American Women's Services in Colonie, which had been shut down since May, and discovered them in a freezer there. Medical examinations showed that the fetuses had been aborted within 17 weeks of gestation, which is within the legal limit.

Burial offer

Bishop Howard J. Hubbard immediately extended an offer to bury the unborn children either at the cemetery of St. Joseph's Provincial House in Latham, a residence for retired sisters, or at St. Agnes Cemetery in Menands.

However, no response could be given to the request. The State Health Department and Albany County each consider the other responsible for custody of the fetuses and for making a decision about their disposal.

Several months, many exchanged letters between the state and county, and a renewal of the Bishop's offer later, authorities on both sides admit frustration that the situation has yet to be resolved -- but neither is ready to accept responsibility for the fetuses.

Not our problem

"The state doesn't accept bodies or fetuses. That's just not something we do," Robert Hinckley, a spokesperson for the State Health Department, told The Evangelist.

Since the state has informed the county that Bishop Hubbard's offer of burial is acceptable, he added, it remains only for the county to turn over the unborn children to the Diocese.

"The county cannot transfer, store, treat or dispose of medical tissue," countered Susan Pedo, County Executive Michael Breslin's spokesperson. "We are not licensed to do so. The state is authorized."

Ms. Pedo said she could not understand the state's reluctance to dispose of the fetuses since "it was total state initiative that uncovered this tissue. The state called the coroner's office in this matter for their opinion. That is the end of the county's involvement in the matter."

In limbo

Rev. Geoffrey Burke, chancellor for public information for the Albany Diocese, called the impasse "an absolute frozen limbo. The only thing the state has to ensure is that there is proper disposal [of the unborn children]. Why the county refuses to act now that the state has designated jurisdiction to the county is a source of frustration."

Since its initial proposal, the Diocese's offer to bury the fetuses has been renewed through its legal counsel and through the media, and inquiries about the status of the case from Catholics across the Diocese continue to flood the Diocesan Pastoral Center in Albany.

"At this point, [the county] can either accept or reject the offer, and why they will not is a source of frustration for the Diocese and for the people who call," said Father Burke. "To leave it hanging...the 17 unborn children aren't any better off now than they were when they were found at American Women's Services."

Suspended animation

When the state and county were each asked whether they would consider taking responsibility for the fetuses simply to resolve the situation, Ms. Pedo stated that "we really can't consider any options."

However, Mr. Hinckley said tentatively that the state might consider it, "if there was a way to resolve it, perhaps."

No date has been set by which the fetuses must be disposed of, but eventually, legal action could be the only recourse to resolve their fate.

In any event, Father Burke told The Evangelist, the Diocese will continue to extend its offer of burial: "We're trying to offer a compassionate resolution to the situation."

(12-19-96) [[In-content Ad]]