State Laws
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Information on Miscarriage and Stillbirth by State

Note: Some states have no laws concerning miscarriage and the hospital staff and parents may disagree on policy
 
Alabama
Miscarriage: Parents sign authorization for final disposition. [Section 22-9A-16 (2006)]
Stillbirth: A Fetal death report is required if death occurs after 20 weeks of gestation
Disposition optioLegal
 
ns: Not specified
 
Alaska
Miscarriage: Parents or others concerned have option for a Fetal Death Certificate.
Certificate is not mandatory for disposition. [Admin code 7.05.450 & 7.05.530 (2013)]
Stillbirth: A fetal death certificate is required if death occurs after 20 weeks of gestation and must be filed with the registrar within three days and before final disposition.  A physician must sign the fetal death certificate except in special problem cases handled by the Department of Health and Social Services.
Disposition options: Burial, cremation
 
Arizona
Miscarriage: We have no information at this time. Please inform us of new legislation.
Stillbirth: A fetal death certificate is required if death occurs after 20 weeks of gestation or if the weight is 350 grams or more (about 12 ounces).  If no family physician is involved, the local medical examiner must sign the certificate.
 
Arkansas
Miscarriage: We have no information at this time.  Please inform us of new legislation.
Stillbirth: A fetal death report is required when there is no sign of life at delivery after 20 weeks or more of gestation from last normal menses to delivery, or when the weight is 350 grams or more (about 12 ounces). The physician, coroner (in case of home delivery), medical examiner, or other qualified attendant must prepare the certificate.  The certificate must be filed within five days.
 
California
Miscarriage: We have no information at this time.  Please inform us of new legislation.
Stillbirth: A fetal death certificate is required when death occurs after 20 weeks of gestation.  If there is no family physician involved, the local medical examiner must sign the fetal death certificate
 
Colorado
Miscarriage: Woman or designee must make timely request for remains. [25-2-110.5   
(2001)]
Stillbirth: Fetal death must be reported if gestation is 20 weeks or greater.  A physician’s or coroner’s signature is required.
Disposition options: Entombment, burial, cremation
 
Connecticut
Miscarriage: We have no information at this time.  Please inform us of new legislation.
Stillbirth: A fetal death report, signed by a medical examiner or physician, is required when death occurs after 20 weeks.
 
 
Delaware
Miscarriage: We have no information at this time.  Please inform us of new legislation.
Stillbirth: A fetal death report is required when death occurs and the weight is 350 grams or more (about 12 ounces).  If there is no family physician involved, the local medical examiner must sign the fetal death certificate.
 
District of Columbia
Miscarriage: We have no information at this time.  Please inform us of new legislation.
Stillbirth: A fetal death report is required if death occurs after 20 weeks of gestation or when the weight is 500 grams or more (almost 18 ounces).  If there is no family physician involved, the local medical examiner must sign the fetal death certificate.
 
Florida
Miscarriage: Mother notified of options and procedures for disposition.  Election in 
writing with 24 hours of notice.  [Sec. 383.33625 Stephanie Saboor Grieving Parent Act (2003)]
Stillbirth: A fetal death certificate is required when death occurs after 20 weeks of gestation.  If there is no family physician involved, the district medical examiner must sign the fetal death certificate.
Disposition options: Hospital disposition to follow procedures for other human tissue.  Parent must choose licensed funeral director.
 
Georgia
Miscarriage: Parent(s) must give authorization for final disposition if fetal remains leave 
facility. [31-10-20 (2010)]
Stillbirth: A fetal death report is required for each fetal death.  If there is no family physician involved, the local medical investigator must sign the certificate.
Disposition options: Not specified
 
Hawaii
Miscarriage: We have no information at this time.  Please inform us of new legislation.
Stillbirth: A fetal death report is required if death occurs after 24 weeks of gestation.  If there is no family physician involved, the local health officer must be notified.  All other procedures apply if disposition is handled by the family.
 
Idaho
Miscarriage: We have no information at this time.  Please inform us of new legislation.
Stillbirth: A certificate of stillbirth is required when death occurs after 20 weeks of gestation or when a weight of 350 grams is attained, and must be filed as above.
 
Illinois
Miscarriage: Mother notified of her right to disposition. Election in writing with 24 hours   
of notice. [Public Act 92-0348 (2001)]
Stillbirth: A fetal death report is required when death occurs after 20 weeks of gestation.  If there is no family physician involved, the local medical examiner or coroner must generate/sign the fetal death certificate.
Disposition options: Burial or cremation. Common burial or cremation of fetal tissue.
 
Indiana
Miscarriage: Oral and written notice to parent(s) within 24 hours of right to determine  
final disposition.  Response required prior to discharge an documented in medical file.  Must provide written options for disposition and inform of available counseling. [16-21-11-3 (2014)]
Stillbirth: A death certificate is required in a case of stillbirth after 20 weeks of gestation.
Disposition options: Internment or cremation  
 
Iowa
Miscarriage: We have no information at this time.  Please inform us of new legislation.
Stillbirth: A fetal death report is required when death occurs after 20 weeks of gestation or over 350 grams in weight (about 12 ounces).  If there is no family physician involved, the local medical examiner must sign the fetal death certificate.  All other procedures apply if disposition is handled by the family.
 
Kansas
Miscarriage: Written policy for disposition options.  Parental notification. 65-67a10 
(2008)
Stillbirth: A certificate of stillbirth is required when the weight of the fetus is 350 grams or more and death did not result from an induced termination of pregnancy.  If there is no family physician involved, the local coroner must sign the fetal death certificate.
 
Kentucky
Miscarriage: We have no information at this time.  Please inform us of new legislation.
Stillbirth: A fetal death must be reported when death occurs after 20 weeks of gestation or when the weight is 350 grams (about 12 ounces).  If no physician is in attendance, the coroner must be notified.
 
Louisiana
Miscarriage: We have no information at this time.  Please inform us of new legislation
Stillbirth: A fetal death report is required if death occurs after 20 weeks of gestation or when the weight is 350 grams or more (about 12 ounces).  If there is no family physician involved, the local coroner must sign the fetal death certificate.
 
Maine
Miscarriage: When parents request disposition outside the facility, the facility must file disposition must be named and signature obtained. [10-146, Chapter 1, Section 7 (1994)]
Stillbirth: A fetal death report is required when death occurs after 20 weeks of gestation.  If there is no family physician involved, the local medical examiner must sign the fetal death certificate.
Disposition options: Not specified
 
Maryland
Miscarriage: We have no information at this time.  Please inform us of new legislation.
Stillbirth: A fetal death report is required if death occurs after 20 weeks of gestation or when, gestation unknown a weight of 500 grams or more (almost 18 ounces).  It is also required at any age if the fetus is transported from the place of delivery for cremation or private burial.  If there is no family physician involved, the local medical examiner must sign the fetal death certificate.
 
Massachusetts
Miscarriage: We have no information at this time.  Please inform us of new legislation.
Stillbirth: A fetal death report is required when death occurs after 20 weeks of gestation or when the weight is 350 grams or more (about 12 ounces).  If there is no family physician involved, the local medical examiner must sign the fetal death certificate. 
 
Michigan
Miscarriage: Parents or unmarried mother sign authorization for Final Disposition form. 
[Act 368, 333.2848 (2013)]
Stillbirth: A fetal death report is required after 20 weeks of gestation or when the weight is at least 400 grams (about 14 ounces).  It must be filed with the state registrar within five days.  A physician or medical examiner must fill out the cause of death.
Disposition options: Internment, cremation, incineration
 
Minnesota
Miscarriage: Policy for informing women of disposition options. [Section 145.1622
(2008)]
Stillbirth: A fetal death report is required when death occurs after 20 weeks of gestation or more and must be filed as above.
Disposition options: Not specified
 
Mississippi
Miscarriage: We have no information at this time.  Please inform us of new legislation.
Stillbirth: A fetal death report is required when death occurs after 20 weeks of gestation or when weight is 350 grams or more.  If there is no family physician involved and the death is not subject to the jurisdiction of the coroner or medical examiner, the person attending to the parents may file the fetal death report with the State Registrar within five days.  A fetal death report may be obtained from a physician, hospital or the county health department.
 
Missouri
Miscarriage: Mother provided oral and written notification with 24 hours of miscarriage. 
Counseling made available internally or referral outside. [Section 375.1 to 390 (2008)]
Stillbirth: A fetal death report is required when death occurs after 20 week of gestation or when the weight is 350 grams or more (about 12 ounces).  If there is no family physician involved, the local medical examiner must sign the fetal death certificate.  The fetal death certificate must be filed within seven days.
Disposition options: Cremation, burial, incineration in approved medical waste incinerator, separate from other medical waste
 
Montana
Miscarriage: We have no information at this time.  Please inform us of new legislation.
Stillbirth: A fetal death certificate is required when a weight of 350 grams (about 12 ounces) or after 20 weeks gestation if weight is unknown.  It is handled the same as a death certificate.
 
Nebraska
Miscarriage: Written policy for disposition.  Election within 14 days of miscarriage. [71-21, 121 (2003)]
Stillbirth: A fetal death report is required if death occurs after 20 weeks of gestation.  If there is no family physician involved, the county attorney must be notified.
Disposition options: Not specified
 
Nevada
Miscarriage: We have no information at this time.  Please inform us of new legislation.
Stillbirth: A fetal death report is required for each fetal death of 20 weeks gestation.  If there is no family physician involved, the local health officer or coroner must sign the fetal death certificate.
 
New Hampshire
Miscarriage: We have no information at this time.  Please inform us of new legislation.
Stillbirth: A fetal death report is required for stillbirths of 20 weeks gestation or when a weight of 350 grams (about 12 ounces).  It must be filed in the same manner as a death certificate if death is outside a hospital.
 
New Jersey
Miscarriage: We have no information at this time.  Please inform us of new legislation.
Stillbirth: A fetal death certificate is required if death occurs after 20 weeks of gestation.  If there is no physician involved, the medical examiner must sign the certificate.
 
New Mexico
Miscarriage: We have no information at this time.  Please inform us of new legislation.
Stillbirth: A fetal death report is required when death occurs and the weight is 500 grams or more (almost 18 ounces).  If there is no family physician involved, the state medical investigator must sign the fetal death certificate.  The fetal death certificate must be filed with the state registrar within ten days.
 
New York
Miscarriage: We have no information at this time.  Please inform us of new legislation.
Stillbirth: A fetal death report is required for each fetal death and must be filed as above.  If there is no family physician involved, the local medical examiner must sign the fetal death certificate.  If gestation is more than 20 weeks, a disposition permit and the involvement of a funeral director will be needed.
 
North Carolina
Miscarriage: We have no information at this time.  Please inform us of new legislation.
Stillbirth: A fetal death report is required when death occurs after 20 weeks gestation and must be filed as above.  If there is no family physician involved, the local medical examiner must sign the fetal death certificate.
 
North Dakota
Miscarriage: We have no information at this time.  Please inform us of new legislation.
Stillbirth: A fetal death report is required when death occurs after 20 weeks of gestation.  If there is no family physician involved, the county coroner must sign the fetal death certificate.
 
Ohio
Miscarriage: Woman given oral or written notice of disposition policy.  Either parent may be granted Fetal Death Certificate and burial permit. [759.49 (2008)]
Stillbirth:  A fetal death certificate is required when gestation is 20 weeks or more.
Disposition options: Single grave with family member, cremation, separate group burial

 
Oklahoma
Miscarriage: We have no information at this time.  Please inform us of new legislation.
Stillbirth: A fetal death certificate is required for each fetal death.
 
Oregon
Miscarriage: Upon request, a parent, or parents authorized representative, requests disposition permit. [432.158 (2013)]
Stillbirth:  A fetal death report is required when the fetus weighs 350 grams or more (about 12 ounces), or, if weight is unknown, after 20 weeks of gestation.  If there is no family physician involved or delivery was not in a hospital institution, the local medical examiner must sign the fetal death certificate.  If the parents wish to request a commemorative certificate of stillbirth, a fetal death report must be filed even if not otherwise required by law.
Disposition options: Not specified
 
Pennsylvania
Miscarriage: We have no information at this time.  Please inform us of new legislation.
Stillbirth: A fetal death certificate is required if death occurs after 16 weeks gestation.  If no family physician is involved, the local coroner must sign the certificate.
 
Rhode Island
Miscarriage: We have no information at this time.  Please inform us of new legislation.
Stillbirth: A fetal death report is required when death occurs after 20 weeks of gestation.  If there is no family physician involved when death occurs, the local medical examiner must sign the fetal death certificate.
 
South Carolina
Miscarriage: We have no information at this time.  Please inform us of new legislation.
Stillbirth: A fetal death report is required when death occurs after 20 weeks of gestation or when the weight is 350 grams or more (about 12 ounces); the report must be filed by the facility where delivery occurred or the coroner if delivery was outside a facility.
 
South Dakota
Miscarriage: Discuss or disclose method of disposition with woman. [34-25-32.3 & 34-25-32.6 (1998)]
Stillbirth: A fetal death report is required when death after a gestation of 20 weeks or more.  If there is no family physician involved, the local coroner must sign the fetal death certificate.
Disposition options: Not specified
 
Tennessee
Miscarriage: We have no information at this time.  Please inform us of new legislation.
Stillbirth: A fetal death report is required when death occurs after 22 weeks gestation or when the weight is 500 grams or more (almost 18 ounces).  If there is no family physician involved, the local medical examiner must sign the fetal death report.  The report must be filed with the Department of Health within ten days.
 
Texas
Miscarriage: We have no information at this time.  Please inform us of new legislation.
Stillbirth: A certificate of stillbirth (fetal death) is required if weight is 350 grams or more (about 12 ounces); if weight is unknown, it is required after 20 weeks gestation.  A fetal death certificate must be filed as the paper alternative described above.  There is no EDR provision for fetal deaths.
 
Utah
Miscarriage: We have no information at this time.  Please inform us of new legislation.
Stillbirth: A fetal death report is required for each fetal death.  If there is no family physician involved, the local medical examiner must sign the fetal death certificate.
 
Vermont
Miscarriage: We have no information at this time.  Please inform us of new legislation.
Stillbirth: A fetal death report is required when death occurs at 20 or more weeks of gestation or when the weight is 400 grams or more (about 14 ounces).
 
Virginia
Miscarriage: We have no information at this time.  Please inform us of new legislation.
Stillbirth: A fetal death report is required for each fetal death.  If there is no family physician involved, the local medical examiner must sign the fetal death certificate.
 
Washington
Miscarriage: We have no information at this time.  Please inform us of new legislation.
Stillbirth: A fetal death report is required when death occurs after 20 weeks of gestation.  If there is no family physician involved, the local medical examiner must sign the fetal death certificate.  The fetal death certificate must be filed within five days.  All other procedures apply is disposition is handled by the family.
 
West Virginia
Miscarriage: A parent provides authorization for final disposition on specified form. [16-5-23 (2008)]
Stillbirth: A fetal death report is required when death occurs after 20 weeks of gestation and must be filed as above.
Disposition options: Burial, interment, cremation, removal from state, or other authorized disposition
  
Wisconsin
Miscarriage: We have no information at this time.  Please inform us of new legislation.
Stillbirth: A fetal death report is required when death occurs after 20 weeks gestation or when the weight is 350 grams or more (about 12 ounces).   The fetal death report must be filed with the registrar within five days.  No forms or documents are required by law for fetal disposition unless transported out of the state, in which case the Report for Final Disposition must accompany the remains.
 
Wyoming
Miscarriage: We have no information at this time.  Please inform us of new legislation.
Stillbirth: A fetal death report is required if death occurs after 20 weeks of gestation.  If no family physician is involved, the local coroner must sign the fetal death certificate.  All other procedures apply is disposition is handled by the family.