Terms Used In Idaho Code 39-9304

  • Bodily remains: means the physical remains, body parts or tissue of a deceased unborn infant who has been expelled or extracted from the infant’s mother. See Idaho Code 39-9303
  • Fetal death: means the death of an unborn infant prior to expulsion or extraction from the unborn infant’s mother, provided that the unborn infant reached a stage of development such that there are cartilaginous structures or fetal or skeletal parts. See Idaho Code 39-9303
  • Final disposition: means the burial, cremation or other legal disposition of a deceased unborn infant. See Idaho Code 39-9303
  • Miscarriage: means the spontaneous or accidental death of an unborn infant in utero other than by induced abortion or stillbirth. See Idaho Code 39-9303
In every instance of fetal death involving miscarriage or stillbirth, the individual in charge of the institution where the bodily remains of the deceased unborn infant were expelled or extracted, or the individual’s designee, shall notify the mother or the mother’s authorized representative that the mother has a right to direct the receipt and disposition of her deceased unborn infant’s bodily remains. Upon request by the mother or her authorized representative, the institution shall make arrangements for the release of the bodily remains to the mother or her authorized representative for final disposition in accordance with applicable law.