HawaiiHawaii sets fetal death reporting and permit rules
Hawaii's law sets when fetal death certificates and permits are required, lets birthing parents request miscarriage documentation, and allows more time to determine a cause.
What it does
A fetal death certificate must be filed for a loss at 20 weeks of pregnancy or later, or at least 350 grams when pregnancy length is unknown. Some early losses and certain intentionally ended pregnancies are exempt.
A birthing parent may ask the provider who certified a miscarriage for a signed statement or a copy of related medical records. The document is not official legal proof.
If providers cannot determine a fetal death's cause within 14 days, they may file the cause later after giving the local department agent written notice explaining the delay.
A written permit is required before fetal remains are removed or disposed of, except for certain early losses and pregnancies intentionally ended under the cited state laws.
Argument forA clearer filing process and more time to determine a cause could help providers submit more complete fetal death information.
Argument againstParents who request miscarriage documentation may find it cannot serve as official legal proof of the facts it describes.
More detail
The law requires a fetal death certificate for certain fetal deaths. The rule covers fetal deaths at 20 weeks of pregnancy or later, or, if pregnancy length is unknown, those involving a fetus weighing at least 350 grams. No certificate is required for a loss before 20 weeks, a fetus weighing under 350 grams when pregnancy length is unknown, or a pregnancy intentionally ended under the cited state laws. The person handling the body's disposition must file the certificate within 14 days of the fetal death and before burial or other disposition.
The provider who certified a miscarriage must give the birthing parent documentation upon request. This applies to a birthing parent whose miscarriage was before 20 weeks, or, if pregnancy length is unknown, involved a fetus weighing under 350 grams. The pregnancy must not have been intentionally ended under the cited state laws. The document may be a signed statement confirming the miscarriage or an accurate copy of related medical records. It is not official legal proof of the facts stated in it.
Providers may file a fetal death's cause after the usual deadline when it cannot be determined in time. This applies when the cause of a fetal death cannot be determined within 14 days. The attending provider or coroner's physician must give the local department agent written notice explaining the delay, so a permit for disposition can be issued. A filing more than 14 days after the fetal death counts as late.
A written permit is required before fetal remains are removed or disposed of, with listed exceptions. This applies to removal or disposition of fetal remains from the registration district where the fetal death occurred. No permit is required for a fetal death before 20 weeks, or, if pregnancy length is unknown, when the remains weigh under 350 grams. No permit is required for a pregnancy intentionally ended under the cited state laws. The permit must be issued before the remains are removed from the registration district or otherwise disposed of.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jun 24Act 137, 06/24/2026 (Gov. Msg. No. 1238).Latest
- Jun 24Act 137, on 06/24/2026 (Gov. Msg. No. 1238).Became Law
- Apr 24Received notice of passage on Final Reading in House (Hse. Com. No. 823).Minor
- Apr 23Received notice of House reconsideration of action in disagreeing to the amendments proposed by the Senate (Hse. Com. No. 815).Minor
- Vote recorded Passed Final Reading as amended in SD 1. Result: pass.Lower
- Apr 23Received notice of Senate conferees (Sen. Com. No. 725).Minor
- Apr 23House agrees to Senate amendment(s).
- Apr 23Passed Final Reading as amended in SD 1 with Representative(s) Pierick voting aye with reservations; none voting no (0) and Representative(s) Evslin excused (1).Major
- Apr 23Transmitted to Governor.
- Apr 22Reconsideration of action taken on 04-16-26.
- Apr 22Senate Conferees Appointed: San Buenaventura Chair; Chang Co-Chair; Fevella.
- Apr 17Received notice of disagreement (Hse. Com. No. 780).Minor
- Apr 16House disagrees with Senate amendment (s).Minor
- Apr 14Report adopted; Passed Third Reading. Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House.Passed Senate
- Vote recorded Reconsider: Report adopted; Passed Third Reading. Result: pass.Upper
- Apr 14Returned from Senate (Sen. Com. No. 630) in amended form (SD 1).
- Apr 10Reported from JDC (Stand. Com. Rep. No. 3754) with recommendation of passage on Third Reading.
- Apr 10One Day Notice 04-14-26.
- Apr 7The committee(s) on JDC recommend(s) that the measure be PASSED, UNAMENDED. The votes in JDC were as follows: 4 Aye(s): Senator(s) Rhoads, Gabbard, Chang, San Buenaventura; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Awa.Minor
- Vote recorded The committee(s) on JDC recommend(s) that the measure be PASSED, UNAMENDED. Result: pass.Upper
- Apr 1The committee(s) on JDC will hold a public decision making on 04-07-26 10:15AM; Conference Room 016 & Videoconference.
- Mar 30Reported from HHS (Stand. Com. Rep. No. 3305) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC.
- Mar 30Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC.Minor
- Mar 20The committee(s) on HHS recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in HHS were as follows: 4 Aye(s): Senator(s) San Buenaventura, Kanuha, Keohokalole, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) McKelvey.Minor
- Vote recorded The committee(s) on HHS recommend(s) that the measure be PASSED, WITH AMENDMENTS. Result: pass.Upper
- Mar 17The committee(s) on HHS has scheduled a public hearing on 03-20-26 1:00PM; Conference Room 225 & Videoconference.
- Mar 12Received from House (Hse. Com. No. 301).Minor
- Mar 12Passed First Reading.Minor
- Mar 12Referred to HHS, JDC.Minor
- Mar 10Passed Third Reading as amended in HD 2 with none voting aye with reservations; none voting no (0) and none excused (0). Transmitted to Senate.Passed House
- Vote recorded Reconsider: Passed Third Reading as amended in HD 2. Result: pass.Lower
- Mar 6Reported from JHA (Stand. Com. Rep. No. 1150-26) as amended in HD 2, recommending passage on Third Reading.
- Mar 6Forty-eight (48) hours notice Tuesday, 03-10-26.
- Feb 24The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 8 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Kahaloa, Sayama, Takayama, Shimizu; Ayes with reservations: Representative(s) Cochran; Noes: none; and 2 Excused: Representative(s) Hashem, Garcia.Minor
- Vote recorded The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. Result: pass.Lower
- Feb 20Bill scheduled to be heard by JHA on Tuesday, 02-24-26 2:00PM in House conference room 325 VIA VIDEOCONFERENCE.
- Feb 18Reported from HLT (Stand. Com. Rep. No. 365-26) as amended in HD 1, recommending passage on Second Reading and referral to JHA.
- Vote recorded Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA. Result: pass.Lower
- Feb 18Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with Representative(s) Alcos, Garcia, Pierick voting aye with reservations; none voting no (0) and none excused (0).Minor
- Feb 11The committee on HLT recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 7 Ayes: Representative(s) Takayama, Keohokapu-Lee Loy, Amato, Hartsfield, Marten, Olds, Takenouchi; Ayes with reservations: none; 2 Noes: Representative(s) Alcos, Garcia; and Excused: none.Minor
- Vote recorded The committee on HLT recommend that the measure be PASSED, WITH AMENDMENTS. Result: pass.Lower
- Feb 6Bill scheduled to be heard by HLT on Wednesday, 02-11-26 9:00AM in House conference room 329 VIA VIDEOCONFERENCE.
- Jan 26Introduced and Pass First Reading.Minor
- Jan 26Referred to HLT, JHA, referral sheet 2Minor
- Jan 23Pending introduction.Introduced
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