Information on Miscarriage and Stillbirth by State

This information is as current as of June 1, 2023

Alabama
Miscarriage: Comments: Parents sign authorization for final disposition.
Year: 2006 Code: Section 22-9A-16
Website Reference: 2006 Alabama Code – Section 22-9A-16 — Authorization for final disposition.
Stillbirth: A Fetal death report is required if death occurs after 20 weeks of gestation
Disposition options Not specified

Alaska
Miscarriage: Comments: No parental notification is required. Disposition can occur with or without a fetal death certificate.
Year: 2013 Code: Admin Code 7.05.695 & 7.05.530
Website Reference: https://www.akleg.gov/basis/aac.asp
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: Legislative Action Needed.
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: Legislative Action Needed.
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: Legislative Action Needed. 
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: Comments: Mother or mother’s designee must make timely request for remains.
Year: 2001 Code: 25-2-110.5
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: Legislative Action Needed.
Stillbirth: A fetal death report, signed by a medical examiner or physician, is required when death occurs after 20 weeks.

Delaware
Miscarriage: Legislative Action Needed.
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: Comments: Mother notification of right to arrange for final disposition. Mother must make election in writing within 24 hours of notice.
Year: 2003 Code: Florida Statute Sec. 383.33625
Website Reference: The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
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: Comments: Funeral director…or other person assuming responsibility for final disposition shall obtain parent(s) authorization for final disposition.
Year: 2022 Code: Georgia Title Code 31-10-20
Website Reference: https://law.justia.com/codes/georgia/2022/title-31/chapter-10/section-31-10-20/

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: Legislative Action Needed.
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: Legislative Action Needed.
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: Comments: Mother notification of right to arrange for burial or cremation required. Mother must make election in writing within 24 hours of notice.
Year: 2001 Code: Illinois Public Act 92-0348
Website Reference: Public Act 92-0348 of the 92nd General Assembly (ilga.gov)
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: Comments: Parent(s) notification orally and in writing of the right to determine final disposition. Parent election prior to mother’s discharge from hospital.
Year: 2014 Code: Indiana Title Code 16-21-11-3
Website Reference: chapter-11.pdf (justia.com)
Stillbirth: A death certificate is required in a case of stillbirth after 20 weeks of gestation.
Disposition options: Internment or cremation

Iowa
Miscarriage: Legislative Action Needed.
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: Comments: Requires written notification to parents of right to determine final disposition.
Year: 2008 Code: Kansas Statute 65-67a10
Website Reference: Section 65-67a10 – Disposition of fetal remains, Kan. Stat. § 65-67a10 | Casetext Search + Citator
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: Comments: Requires oral and written notification to parents of right to determine final disposition to be made within 24 hours of miscarriage.
Year: 2022 Code: KRS 213.0982
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: Comments: Requires oral and written notification to parents of right to determine final disposition to be made within 24 hours of miscarriage. Offer counseling if available. Parents have 48 hours from notification to select disposition option.
Year: 2016 Code: LA Rev Stat§40:1191.2
Website Reference: RS 40:1191.2 – Final disposition of fetal remains; rights of parents; notice required; exception :: 2016 Louisiana Laws :: US Codes and Statutes :: US Law :: Justia
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: Comments: Miscarriage report filed. Parents given disposition choice if the fetal remains leave facility.
Year:1994 Code: Maine DOH Rule Chapter 10-416, Chapter 1, Section 7
Website Reference: Section 146-1-7 – Disposition of Fetuses, 10- 146 C.M.R. ch. 1, § 7 | Casetext Search + Citator
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: Legislative Action Needed.
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: Comments: Parent has right to direct disposition of fetal remains.
Code: Mass. Gen. Laws Ch. 111§202
Website Reference: General Law – Part I, Title XVI, Chapter 111, Section 202 (malegislature.gov)
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: Comments: Parents or unmarried mother shall sign authorization for final disposition.
Year: 2013 Code: Michigan Comp Law 368,333.2848
Website Reference: 333.2848 Authorization for final disposition of dead body or fetus; time; form; retention of permit; religious service or ceremony not required; cremation; moving body; permit issued by other state.
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: Comments: Policy is required to inform mother of available final disposition options.
Year: 2008 Code: Minnesota Statute Section 145.1622
Website Reference: Sec. 145.1622 MN Statutes
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: Legislative Action Needed.
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: Comments: Requires oral and written notification of mother’s right to determine final disposition. Counseling must be made available.
Year: 2008 Code: RSMo Section 194.387.1
Website Reference: Missouri Revisor of Statutes – Revised Statutes of Missouri, RSMo Section 194.387
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: Comments: Allows parent(s) to apply for nonviable birth certificate. No parental notice.
Year: 2023 Code: Nonviable Birth Certificate
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: Comments: Written policy gives parent right to direct final disposition. Policy gives up to 14 days for parent to make final disposition decision.
Year: 2003 Code: Nebraska Revised Statute 71-20, 121
Website Reference: Nebraska Revised Statutes § 71-20,121 (2019) – Disposition of remains of child born dead; hospital; duties. :: 2019 Nebraska Revised Statutes :: US Codes and Statutes :: US Law :: Justia
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: Legislative Action Needed.
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: Legislative Action Needed.
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: Legislative Action Needed.
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: Legislative Action Needed.
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: Legislative Action Needed.
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: Legislative Action Needed.
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: Legislative Action Needed.
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: Comments: Oral or written notice of disposition policy. Notice of right to Fetal Death Certificate.
Year: 2008 Code: ORC 759.49
Website Reference: Section 759.49 | Rules governing product of fetal death
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
Parent’s Grieving Act

Oklahoma
Miscarriage: Comments: Parent notification of right to direct final disposition must be given in writing. Parent(s) have 14 days to elect disposition.
Year: 2021 Code: 63 OK Stat §63-3129(2021)
Website Reference: Title 63. Public Health and Safety §63-3129. Short title – Lily’s Law – Written policy for disposition of remains of a child.
Stillbirth: A fetal death certificate is required for each fetal death.

Oregon
Miscarriage: Comments: Upon request, a parent or authorized representative can request disposition permit
Year: 2013 Code: ORS 432.158
Website Reference: ORS 432.158 Disposition of remains
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: Legislative Action Needed.
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: Legislative Action Needed.
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: Legislative Action Needed.
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: Comments: Facility shall discuss and disclose method of final disposition.
Year: 1998 Code: South Dakota Coded Laws 34-25-32.3 & 34-25-32.6
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: Legislative Action Needed.
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: Legislative Action Needed.
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: Comments: Parent(s) notification of right to determine final disposition, options for final disposition, and any counseling available must be given within 24 hours of miscarriage. Parent(s) has 72 hours to make decision on disposition.
Website Reference: S.B. 67
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: Comments: Permission shall be obtained by parent(s), when competent, for final disposition when funeral director not involved.
Year: 2023 Code: 18 V.S.A. §5224
Website Reference: Title 18 : Health Chapter 107 : Deaths, Burials, Autopsies
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: Legislative Action Needed.
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: Legislative Action Needed.
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: Comments: Required parental authorization for final disposition.
Year: 2008 Code: West Virginia Codified Laws 16-5-23
Website Reference: S 16-5-23
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: Legislative Action Needed.
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: Legislative Action Needed.
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.