Recommended Practice based on International Guidelines
In most countries, when a stillbirth occurs in a health facility, the family is offered the option of the health facility carrying out disposal of the stillborn baby or releasing the stillborn baby to the family for burial or cremation. If the family choses to bury or cremate the stillborn baby, the provider of the funeral, burial or cremation service should be required to request proof that the stillbirth was reported to the registrar before final disposition.
Papua New Guinea
Legal Analysis
In terms of Section 21(1) and (3) of the Cemeteries Act, the Provincial Commissioner of the province where a cemetery is situated or another officer authorized for the purpose may give consent to the burial of a stillborn child only on production of a certificate confirming that the child was born dead, signed by a medical practitioner who was in attendance at the birth or by a magistrate or an officer of the Police Force who has inquired into the circumstances of the stillbirth. However, no proof that the fetal death was registered is required.
The requirements of the Civil and Identity Registration Act in this regard are unclear. Section 2 defines the "disposal of human remains" to include “the burial, interment, cremation, removal from the country, or other authorized disposition of a dead body or foetus”, but defines “death” to exclude fetal death. Section 51 of the Act requires a minister of religion who conducts a funeral service, or a person responsible for the disposal of human remains where there is no funeral service, to request proof of notification of “death” from the deceased’s next of kin and, if there is no proof that the death has been notified, to report it to the Registrar-General. Since the term “disposal of human remains” covers disposition of the body of a fetus while the term “death” excludes fetal death, it is not clear if these requirements apply to the registration of fetal deaths.