H.B. 451
GENERAL ASSEMBLY OF NORTH CAROLINA
Mar 26, 2019
SESSION 2019 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH40202-BC-6
Short Title: Titus's Law. (Public)
Sponsors: Representatives Potts, Zachary, White, and Jarvis (Primary Sponsors).
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT REQUIRING PARENTAL CONSENT PRIOR TO THE DISPOSITION OF FETAL
3 REMAINS.
4 The General Assembly of North Carolina enacts:
5 SECTION 1. Article 16 of Chapter 130A of the General Statutes is amended by
6 adding a new section to read:
7 "§ 130A-421. Parental consent to disposition of fetal remains.
8 (a) In every instance of fetal death resulting from accidental injury, stillbirth, or
9 miscarriage, the attending physician shall obtain consent from the mother before disposing of the
10 fetal remains. If the mother is unable to give consent, and the father is known and able to be
11 contacted within seven days, the attending physician shall obtain consent from the father before
12 disposing of the fetal remains. If neither the mother nor the father is able or available to give
13 consent, the fetal remains shall be disposed of in accordance with applicable laws and regulations.
14 (b) In every instance of fetal death resulting from accidental injury, stillbirth, or
15 miscarriage, the attending physician or individual in charge of the institution where the remains
16 were expelled or extracted shall, upon request of the mother or father, release to the mother,
17 father, or their authorized representative, the fetal remains for burial or cremation. If neither the
18 mother nor the father has requested the fetal remains within seven days from the time the remains
19 were expelled or extracted, then the attending physician or the individual in charge of the
20 institution where the remains were expelled or extracted may dispose of the remains in
21 accordance with applicable laws and regulations."
22 SECTION 2. This act is effective January 1, 2020, and applies to the disposition of
23 remains on or after that date.
*DRH40202-BC-6*