119-s-4507119th CongressWALLET

Bereaved Parents Rights Act

Sponsored By: Senator Marshall, Roger [R-KS]

Introduced

Summary

Gives parents clear rights over disposition after a miscarriage or stillbirth and would require hospitals and freestanding birth centers to notify them. It would set short deadlines for notice and choices and create a standard form plus a private right of action for violations.

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  • Families: Mothers and other parents would get written notice within 6 hours or by discharge about options for private burial, common burial, cremation, or disposal. If parents choose burial or cremation they would need to elect that choice in writing within 72 hours using the Secretary's form.
  • Hospitals and birth centers: Facilities that have custody of a fetus would have to provide the Secretary-developed form and, when parents elect burial or cremation, follow the fetal death disposition rules of the State where the fetal death occurred.
  • Legal recourse: Individuals harmed by a failure to provide notice or follow the rules could bring a civil action in federal district court for appropriate relief.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 1 benefits, 0 costs, 0 mixed.

Parents' rights after miscarriage or stillbirth

If enacted, these rules would start 30 days after enactment. Hospitals and freestanding birth centers that have custody of a fetus after a miscarriage or stillbirth would have to give parents a Secretary-developed form. They would have to provide the form no later than 6 hours after the miscarriage or stillbirth or when the parent is discharged. The form would explain the right to a private or common burial, cremation, or disposal by the facility. If a parent signs the form within 72 hours to arrange burial or cremation, the facility would follow the State's fetal death disposition rules. A person harmed by a hospital's or birth center's failure to follow these notice or disposition rules would be able to sue in federal court for appropriate relief.

Sponsors & CoSponsors

Sponsor

Marshall, Roger [R-KS]

KS • R

Cosponsors

  • Sen. McCormick, David [R-PA]

    PA • R

    Sponsored 8/6/2026

Roll Call Votes

No roll call votes available for this bill.

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