2021 Oklahoma Statutes
Title 63. Public Health and Safety
§63-3129. Short title – Lily's Law - Written policy for disposition of remains of a child.
A. This section shall be known and may be cited as "Lily's Law".
B. As used in this section:
1. "Fetal death" means:
- a.spontaneous death prior to the complete expulsion or extraction from its mother of an unborn child, irrespective of gestational age. The death is indicated by the fact that, after such expulsion or extraction, the unborn child does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord or definite movement of voluntary muscles,
- b.death that occurs as the result of accidental trauma or a criminal assault on the pregnant female or her unborn child, irrespective of gestational age, or
- c.death that occurs, irrespective of gestational age, from the use or prescription of any instrument, medicine, drug or any other substance or device to remove an ectopic pregnancy; and
2. "Stillbirth" shall have the same meaning as provided by subparagraph a of paragraph 1 of this subsection.
C. Every licensed hospital, birthing center or medical facility in this state shall maintain a written policy for the disposition of the remains of a child from a stillbirth or fetal death event at such hospital, birthing center or medical facility. A parent of the child shall have the right to direct the disposition of the remains, except that disposition may be made by the hospital, birthing center or medical facility if no direction is given by a parent within fourteen (14) days following the delivery of the remains. The policy and the disposition shall comply with all applicable provisions of state and federal law. Upon the delivery of a child from a stillbirth or a fetal death event, the hospital, birthing center or medical facility shall notify at least one (1) parent of the parents' right to direct the disposition of the remains of the child and shall provide at least (1) one parent with a copy of its policy with respect to disposition.
D. Except as otherwise provided by law, nothing in this section shall be interpreted to prohibit any hospital, birthing center or medical facility from providing additional notification and assistance to the parent of a child delivered as a stillbirth or a fetal death event at the hospital, birthing center or medical facility relating to the disposition of the remains of the child.
Added by Laws 2019, c. 120, § 1, eff. Nov. 1, 2019. Amended by Laws 2021, c. 138, § 1, eff. Nov. 1, 2021.
