H.R. 8784 – Bereaved Parents Rights Act

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Updated May 27, 2026 at 8:31 AM UTC

The Bereaved Parents Rights Act changes the Social Security Act to make hospitals and freestanding birth centers tell mothers who experience a miscarriage or stillbirth about their options for handling the fetal remains. Within a few hours of the loss, parents must receive a notice describing the choices for burial, cremation, or hospital disposal, and they have a short period to decide. The law also lets parents sue if the facility fails to provide the required notice.

Key Provisions

Hospitals and birth centers must give parents a written notice about fetal disposition options no later than six hours after the miscarriage or stillbirth, or when the parent is discharged.
The notice must explain three options: private or common burial, cremation, or disposal by the facility.
Parents have up to 72 hours after receiving the notice to submit a written choice for burial or cremation, following the same state rules that apply to fetal deaths.
Any person harmed by a facility’s failure to meet these notice requirements may file a civil lawsuit in federal court for appropriate relief.

Legislative Activity

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HouseIntro Referral Latest Action

Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Ways and Means Committee

May 13, 2026

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HouseIntro Referral

Introduced in House

May 13, 2026

HouseIntro Referral

Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Ways and Means Committee

May 13, 2026

Bill Text

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Introduced in HouseIssued May 13, 2026

I

119th CONGRESS

2d Session

H. R. 8784

IN THE HOUSE OF REPRESENTATIVES

May 13, 2026

Mrs. Cammack (for herself, Ms. Tenney, and Mr. Steube) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

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.

1.

Short title

This Act may be cited as the Bereaved Parents Rights Act.

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.

.