Oklahoma § 63-3129 - Short title – Lily's Law - Written policy for disposition

§ 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. “Birthing center” has the same meaning as provided by

Section 1-701 of this title;

2. “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

Oklahoma Statutes - Title 63. Public Health and Safety

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

3. “Stillbirth” shall have the same meaning as provided by

subparagraph a of paragraph 1 of this subsection.

C. Every licensed hospital, birthing center, or licensed

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; Laws 2024, c. 132, § 4, eff.

Nov. 1, 2024.