130A-421. Parental consent to disposition of fetal remains.
In every instance of unintended fetal death resulting from accidental injury, stillbirth, or miscarriage, the attending physician or individual in charge of the institution where the fetal remains were expelled or extracted shall obtain consent from the mother before the disposal of the fetal remains and shall only dispose of the fetal remains by burial, cremation, or incineration in accordance with applicable laws and regulations. If the mother is unable to give consent, and the father is known and able to be contacted within seven days, the attending physician or individual in charge of the institution where the fetal remains were expelled or extracted shall obtain consent from the father and shall only dispose of the fetal remains by burial, cremation, or incineration in accordance with applicable laws and regulations. If neither the mother nor the father is able to give consent within seven days from the time the remains were expelled or extracted, the fetal remains shall only be disposed of by burial, cremation, or incineration in accordance with applicable laws and regulations. Burial or cremation shall be the only method of disposing of fetal remains that have developed beyond completion of the second trimester of gestation. (2019-225, s. 8(a).)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 16 - Postmortem Investigation and Disposition.
§ 130A-377 - Establishment and maintenance of central and district offices.
§ 130A-378 - Qualifications and appointment of the Chief Medical Examiner.
§ 130A-379 - Duties of the Chief Medical Examiner.
§ 130A-380 - The Chief Medical Examiner's staff.
§ 130A-381 - Additional services and facilities.
§ 130A-383 - Medical examiner jurisdiction.
§ 130A-384 - Notification concerning out-of-state body.
§ 130A-385 - Duties of medical examiner upon receipt of notice; reports; copies.
§ 130A-386 - Subpoena authority.
§ 130A-388 - Medical examiner's permission necessary before embalming, burial and cremation.
§ 130A-389.1 - Photographs and video or audio recordings made pursuant to autopsy.
§ 130A-392 - Reports and records as evidence.
§ 130A-394 - Coroner to hold inquests.
§ 130A-395 - Handling and transportation of bodies.
§ 130A-398 - Limitation on right to perform autopsy.
§ 130A-399 - Postmortem examination of inmates of certain public institutions.
§ 130A-400 - Written consent for postmortem examinations required.
§ 130A-401 - Postmortem examinations in certain medical schools.
§ 130A-412.6 - Who may make an anatomical gift before donor's death.
§ 130A-412.7 - Manner of making anatomical gift before donor's death.
§ 130A-412.8 - Amending or revoking anatomical gift before donor's death.
§ 130A-412.9 - Refusal to make anatomical gift; effect of refusal.
§ 130A-412.10 - Preclusive effect of an anatomical gift, amendment, or revocation.
§ 130A-412.11 - Who may make an anatomical gift of decedent's body or body part.
§ 130A-412.13 - Persons that may receive anatomical gift; purpose of anatomical gift.
§ 130A-412.14 - Search and notification.
§ 130A-412.15 - Delivery of document of gift not required; right to examine.
§ 130A-412.16 - Rights and duties of procurement organization and others.
§ 130A-412.17 - Coordination of procurement and use.
§ 130A-412.18 - Sale or purchase of body parts prohibited.
§ 130A-412.19 - Other prohibited acts.
§ 130A-412.22 - Donor registry.
§ 130A-412.23 - Cooperation between a medical examiner and the procurement organization.
§ 130A-412.30 - Use of tissue declared a service; standard of care; burden of proof.
§ 130A-412.31 - Giving of blood by persons 16 years of age or more.
§ 130A-412.32 - Duty of hospitals to establish organ procurement protocols.
§ 130A-412.33 - Duty of designated organ procurement organizations and tissue banks.
§ 130A-414.1 - Legislative findings and declaration of policy.
§ 130A-414.3 - Organ transplant discrimination on the basis of disability prohibited.
§ 130A-416 - Commission of Anatomy rules.
§ 130A-418 - Deceased migrant agricultural workers and their dependents.
§ 130A-420 - Authority to dispose of body or body parts.
§ 130A-421 - Parental consent to disposition of fetal remains.