Sponsors (9)
Requires timely parent notification and written-choice options for disposition of fetuses retained after miscarriage or stillbirth and creates a federal right to sue for violations.
Official title: To amend title XVIII of the Social Security Act to require hospitals and freestanding birth centers to notify each mother of a miscarried fetus of her rights with respect to such fetus, and for other purposes.
Introduced May 13, 2026 by Kat Cammack · Last progress May 13, 2026
The bill ensures rapid, uniform notification and parental choice with an enforceable federal remedy for fetal disposition after miscarriage or stillbirth, but imposes administrative costs, heightened legal exposure, and a tight notification deadline that may be burdensome or difficult to meet in practice.
Parents and families who experience a miscarriage or stillbirth are notified quickly (within 6 hours or by discharge) about disposition options, enabling more timely decision-making during a traumatic event.
Individuals harmed by failures to provide the required notice or options can sue in federal court, creating an enforcement mechanism and potential remedy for violations.
A standardized, Secretary-developed form and uniform notification/election process across hospitals and birth centers reduces confusion and variation in practice for both families and health facilities.
Hospitals and freestanding birth centers will face administrative burdens and implementation costs to adopt the Secretary's form, train staff, and change processes on a short timeline.
The new federal private right of action increases legal exposure for facilities, which could raise malpractice or liability costs that may be passed on to patients, insurers, or taxpayers.
The mandated 6-hour notice timeframe may be difficult to meet in busy clinical settings or when parents are incapacitated, risking inadvertent violations or rushed decisions by grieving parents.
Based on analysis of 2 sections of legislative text.
Requires hospitals and freestanding birth centers that accept federal payment to notify parents quickly if the facility retains custody of a fetus after a miscarriage or stillbirth and to give parents a written form with disposition options. If a parent timely selects burial or cremation in writing, the facility must ensure the disposition follows applicable State fetal-death rules. The bill creates a private right of action in federal district court for people harmed by violations and takes effect 30 days after enactment.