Full Breakdown
Bereaved Parents Rights Act Aims to Standardize Funeral Options After Miscarriage and Stillbirth
5/26/2026, 11:05:00 PM
Legislative Proposal: Bereaved Parents Rights Act
In May 2024, Senator Roger Marshall (R-KS) introduced the Bereaved Parents Rights Act, a federal bill requiring hospitals and freestanding birth centers to inform parents who experience miscarriage or stillbirth of their right to arrange burial or cremation of the fetus.
Legislative Background
Current state laws on fetal remains differ widely, leaving families without consistent guidance. The proposed act seeks a uniform federal protocol to address this regulatory patchwork and to provide clear, timely information to parents.
Sponsors and Advocacy
Rep. Kat Cammack (R-FL) is advancing a companion House bill. Students for Life Action helped draft the measure and hosted a May 13 briefing at the Heritage Foundation.
Core Provisions
The bill mandates notification of parental rights within six hours of loss or before discharge, and a written request for burial or cremation within 72 hours. Disposition must follow the state’s fetal-death statutes, and violations permit civil suits in federal court.
Official Statements & Responses
Senator Marshall cited his OB-GYN experience, urging compassion and clarity for grieving families. Rep. Cammack described the bill as correcting a system that forces parents to grieve while navigating bureaucracy. SFLA’s Hawkins noted hospitals sometimes dispose of fetal remains without parental consent.
Why It Matters
Standardized notification and disposition could reduce family distress and ensure consistent handling of fetal remains nationwide, while the civil-action clause provides an enforcement mechanism for violations.
Verbatim Quotes
- “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,” — Senator Roger Marshall, U.S. Senator (Kansas)
- “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.” — Representative Kat Cammack, U.S. Representative (Florida)
- “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.” — Kristan Hawkins, President, Students for Life Action
What’s Next
Rep. Cammack’s House bill is slated for introduction; Senate health committees may hold hearings after the May 13 briefing, with further advocacy events anticipated as the measures progress toward potential floor votes.
