Project in the Chamber guarantees burial of unborn babies

Federal deputy Messias Donato (Republicanos-ES) filed with the Chamber of Deputies the bill (PL 102/2024), which requires the burial of unborn babies in cases of fetal loss and stillborn babies, “regardless of the gestational age of the fetus”. The proposal awaits the order of the Board of Directors to begin processing in the legislative committees.

“Burial is an act that recognizes the humanity of the fetus or stillborn baby, regardless of the stage of development. Providing a dignified burial demonstrates respect for life and the loss suffered by the parents”, he explains.

The legislative proposal states that it will be “prohibited to give fetal losses and stillborn babies a destination that is not consistent with human dignity, and cremation of the fetus will be permitted”.

Current legislation guarantees the registration of stillbirths, as provided for in article 53 of Law No. 6,015/73. And it also differentiates between stillbirth (fetal death) and death occurring shortly after birth. In the case of fetal death, only one record will be made: stillbirth. However, the law does not say anything about the issue of burying the fetus and depending on the weeks the baby is “discarded like a surgical piece”.

According to the parliamentarian, there is no reason why a fetus under the age of 28 weeks should not receive the same treatment as a born person who dies, with the issuing of a medical certificate and death registration. “We found that the Law is silent regarding the fate to be given to fetal losses, especially early and intermediate ones”, he states.

Messias Donato points out that, today, fetuses “are handed over to hospital collection, receiving treatment equivalent to garbage, which is unacceptable and ethically reprehensible”.

Therefore, for him, if approved, the Law will recognize “the humanity of the fetus or stillborn baby, regardless of the stage of development”.

With information from parliamentary advice.