Pro-life groups support new bereaved parents’ rights bill

Recently-proposed legislation is intended to establish clear protocols for supporting families who experience miscarriage or stillbirth, guaranteeing parents the option to organize a funeral following the loss of a preborn child if they choose.

Key Takeaways:

• The Bereaved Parents Rights Act would require hospitals and independent birth centers to inform grieving parents of their options and rights concerning the burial or cremation of a child lost through miscarriage or stillbirth.

• The legislation gives parents the option to organize a funeral following pregnancy loss.

• The bill would also enable individuals impacted by noncompliance with these provisions to seek remedies by filing a civil case in federal court.

The Details:

In mid-May this year, U.S. Senator Roger Marshall of Kansas put forward the Bereaved Parents Rights Act, a bill requiring hospitals and independent birth centers to inform grieving parents of their options and rights concerning the burial or cremation of a child lost through miscarriage or stillbirth.

As regulations presently differ from state to state, the Bereaved Parents’ Rights Act would mandate that hospitals and birth centers inform parents — within six hours or prior to discharge — of their right to arrange a burial, and provide guidance on transferring their baby’s remains to a funeral home should they wish to hold a service, according to Aleteia. The text of the bill reads:

“A hospital or freestanding birth center shall— ‘‘(i) in the case that the hospital or free standing birth center has custody of a fetus following a miscarriage or stillbirth, not later than the earliest of 6 hours following the miscarriage or stillbirth or when the parent is discharged from such hospital or freestanding birth center, notify the parent or parents of the fetus (using a form developed by the Secretary) of the right of the parents to—

‘‘(I) a private or common burial of the fetus;  ‘

‘(II) cremation of the fetus; or 

‘‘(III) disposal of the fetus by the hospital  or freestanding birth center; and 

‘‘(ii) in the case that, not later than 72 hours after receiving the notice described in clause (i), a parent elects in writing (using the form described in such clause) to arrange for the burial or cremation of the fetus, ensure that the disposition of the fetus  follows the same fetal death disposition options of the State that apply in the case of a fetal death that occurs in the State.” 

The bill would also reinforce a parent’s written decision to pursue burial or cremation in compliance with state laws regarding fetal remains. It also enables individuals impacted by noncompliance with these provisions to seek remedies by filing a civil case in federal court, with the text of the bill declaring: 

“Any individual who is harmed as a result of a violation of the requirements of subparagraph (A) may bring a civil action in an appropriate district court of the United States for appropriate relief.’’ 

With regard to his support of the bill, Senator Marshall stated: 

“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,” 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.”

Zoom In:

Representative Kat Cammack of Florida is leading a companion bill in the House, an effort shaped in part by her own experience with an ectopic pregnancy. 

Cammack said:

“Losing a child you never got the chance to hold is a pain no parent can ever prepare for. 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.” 

Students for Life Action (SFLA) contributed to shaping the legislation and hosted a policy briefing at the Heritage Foundation on May 13. At the briefing, women who had experienced miscarriage or stillbirth recounted their experiences and called on lawmakers to move the measure forward.

READ: FACT: Treatments for miscarriage and ectopic pregnancy are legal in every state

In a statement, SFLA president Kristan Hawkins explained: 

“Many hospitals throw away miscarried babies’ bodies like medical waste without consulting the parents, denying grieving parents the chance to memorialize their precious baby. The Bereaved Parents’ Rights Act would right this immeasurable wrong by ensuring that every parent gets the opportunity to honor the life of their baby following a miscarriage as they see fit.”  

The Bottom Line:

This proposed piece of legislation has wider cultural implications.

By formally acknowledging miscarriage as a bereavement event, the law would contest prevailing narratives that trivialize early pregnancy loss or treat it as insignificant.

Rather, the proposed bill would reiterate that the loss of a preborn child — regardless of gestational age — is a  human tragedy worthy of grief and commemoration.