Fetal Remains

Public Health Law governing disposition of fetal remains has changed reccently. Families are no longer required to bury fetal remains over 20 weeks gestation. In general, GYN should be consulted, and the new consent form (see below) must be completed and scanned in to the EMR.

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From the Desk of Michael Nimaroff, MD, MBA, Senior Vice President, OBGYN Service Line, Northwell Health

There are important changes to the NYS Public Health Law governing disposition of fetal remains. Previously, the families of products of conception delivered in our facilities outside of New York City were required to bury all products of conception for any remains over 20 weeks gestation. This requirement has been eliminated and now families are not required to bury fetal remains of any gestation. 

For all sites in New York State and outside the New York City limits, families must be given the option to opt-out of self-disposition of products of conception over 20 weeks gestation. Our Pathology departments will manage fetal remains less than 24 weeks gestational age/26 weeks since last menstrual period (LMP). Discussions are underway with funeral directors and county coroner leads for mechanisms to dispose of the remains above the gestational age limits noted above. As we move to comply with this change, for families who choose not bury the products of conception, the remains will be held in hospital morgues. (Pathology departments are aware of the change).

The change requires a revision to our current Disposition of Products of Conception consent.  As this revision moves through the formal approval process, we have been advised by the Office of Legal Affairs to implement the changes immediately and have attached the updated consent to replace the current disposal of fetal remains consent document.  Inclusion of the revised form is being expedited to Vital Docs, for the immediate timeframe please use the attached consent.

Management of fetal remains does not change for any of the Northwell facilities in New York City (Queens, Staten Island, Manhattan, Bronx or Brooklyn), although all sites will use the new form. 

Please note, that these changes do not apply to live births but only to pregnancy loss resulting from spontaneous miscarriage, stillbirth, or any termination of pregnancy. 

For more information on the Public Health Law governing this change: Sections 4160 – 4163 of the Public Health Law