HCS/SCS/SB 799 - This act establishes the "Disposition of Fetal Remains Act" and allows the state registrar to issue a "Certificate of Birth Resulting in Stillbirth".

In the event of a spontaneous fetal death, the parents or the sibling of the stillborn child can file an application with the State Registrar for a "Certificate of Birth Resulting in Stillbirth". The information shall be based on information available from the spontaneous fetal death report filed pursuant to Section 193.165, RSMo. The certificate shall include the statement "This is not proof of a live birth" in 12-point type. The State Registrar may charge a minimal fee for the costs of providing the certificate. Any parent, or if the parents are deceased, any sibling of the stillborn child may file an application for a certificate for any birth that resulted in stillbirth prior to August 28, 2004.

A new section 194.381 provides that a mother has a right to determine the final disposition of the fetal remains, regardless of the duration of a pregnancy. Final disposition of fetal remains may be by cremation, burial, incineration in an approved medical waste incinerator, or other means authorized by the Director of the Department of Health and Senior Services. The final disposition of fetal remains does not require a religious service or ceremony.

Within twenty-four hours of a miscarriage, hospitals, outpatient clinics, and other health care facilities must notify the mother in writing of her right to determine the final disposition of the remains of the fetus. Hospitals and other health care facilities must make counseling available to the mother concerning the death of the fetus.

The "Disposition of Fetal Remains Act" does not prohibit a woman's ability to obtain a legal abortion.

This act is identical to SCS/HCS/HB 1136 (2004).
LORIE TOWE