Senator Marshall Introduces Bill to Support Families Experiencing Pregnancy Loss

Washington - U.S. Senator Roger Marshall (R-Kansas) introduced the Bereaved Parents Rights Act, legislation that ensures hospitals and freestanding birth centers provide clear information about the rights that grieving parents have regarding the cremation or burial of their miscarried or stillborn child.

"As an OB-GYN, I've sat with parents during some of the most heartbreaking moments of their lives after the loss of a child," said Senator Marshall. "In those moments of grief, families should be met with compassion and clarity, not confusion about what happens next. No law can take away that pain, but we can ensure parents are informed of their rights and given the opportunity to make decisions for their child with the respect every family deserves."

Congresswoman Kat Cammack (R-Florida) introduced this bill in the House of Representatives.

"Losing a child you never got the chance to hold is a pain no parent can ever prepare for," said Rep. Cammack. "In the most vulnerable moment of their lives, parents are too often failed by a broken system that leaves them to grieve and fight at the same time - that ends now. The Bereaved Parents Rights Act ensures parents have the information, guidance, options, and time they need to make deeply personal decisions. I'm proud to help lead this initiative to ensure grieving parents receive the dignity, resources, and support they deserve."

What the bill does:

• Requires hospitals and freestanding birth centers to notify the parent(s) of a miscarried or stillborn child of their rights no later than 6 hours after the miscarriage or stillbirth, or when the parent(s) are discharged, whichever comes first. The parent(s) must be informed of their options for private burial, common burial, cremation, or disposal by the hospital or birth center, using a form which will be developed by the Secretary of Health and Human Services.
• Honors a parent's written election to arrange for burial or cremation by following the same disposition options available under State law for fetal deaths.
• Allows any individual harmed by a violation of these requirements to file a civil lawsuit in federal court for relief.

Background:

• State laws regarding the handling of fetal remains following a miscarriage or stillbirth vary significantly across the country.
• Many states have no clear legal requirements regarding the disposition of remains following a miscarriage, leaving hospitals to rely on internal policies and procedures.
• As a result, grieving parents can face confusion and unnecessary obstacles while seeking to bury or cremate their child.

Click here to read the full text of the legislation.

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