Bereaved Parents Rights Act

Roger Marshall

Republican · KS · Senator

Source: Congress.gov · FEC

1 cosponsor on record at Congress.gov. The named list is syncing into Govwatch and will appear here shortly — view on Congress.gov in the meantime.

Read twice and referred to the Committee on Finance.

2026-05-13

Source: Congress.gov

Hospitals and birthing centers would be required to inform mothers who experience miscarriages about their legal rights regarding what happens to the fetal remains, such as options for burial, cremation, or donation. The bill aims to ensure that mothers receive clear information about these choices during an emotionally difficult time rather than having decisions made without their knowledge or input. This requirement would apply to facilities that receive Medicare funding.

AI-assisted summary generated from the official bill metadata (title, subjects, actions) sourced from Congress.gov. Cached and reviewed. Always verify against the official text linked below.

[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [S. 4507 Introduced in Senate (IS)] <DOC> 119th CONGRESS 2d Session S. 4507 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. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 13, 2026 Mr. Marshall introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL 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. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Bereaved Parents Rights Act''. SEC. 2. HOSPITAL AND BIRTH CENTER NOTICE AND FETAL DISPOSITION REQUIREMENTS. Section 1866(a)of the Social Security Act (42 U.S.C. 1395cc(a)) is amended-- (1) in paragraph (1)-- (A) by moving subparagraphs (W) and (X) 2 ems to the left; (B) in subparagraph (X), by striking ``and'' at the end; (C) in subparagraph (Y), by striking the period at the end and inserting ``, and''; and (D) by inserting after subparagraph (Y) the following new subparagraph: ``(Z) beginning on the date that is 30 days after the date of enactment of this subparagraph, in the case of a hospital or freestanding birth center (as defined in section 1905(l)), to meet the requirements of paragraph (4).''; and (2) by adding at the end the following new paragraph: ``(4)(A) For purposes of paragraph (1)(Z), a hospital or freestanding birth center shall-- ``(i) in the case that the hospital or freestanding birth center has custody of a fetus following a miscarriage or stillbirth, not later than the earliest of 6 hours following the miscarriage or stillbirth or when the parent is discharged from such hospital or freestanding birth center, notify the parent or parents of the fetus (using a form developed by the Secretary) of the right of the parents to-- ``(I) a private or common burial of the fetus; ``(II) cremation of the fetus; or ``(III) disposal of the fetus by the hospital or freestanding birth center; and ``(ii) in the case that, not later than 72 hours after receiving the notice described in clause (i), a parent elects in writing (using the form described in such clause) to arrange for the burial or cremation of the fetus, ensure that the disposition of the fetus follows the same fetal death disposition options of the State that apply in the case of a fetal death that occurs in the State. ``(B) Any individual who is harmed as a result of a violation of the requirements of subparagraph (A) may bring a civil action in an appropriate district court of the United States for appropriate relief.''. <all>

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