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Disclaimer / Limitations
This country’s legal measures were reviewed by our legal staff in consultation with in-country lawyers and/or CRVS legal experts. All efforts were made to ensure the accuracy of the legal analysis, however, if you consider there to be any discrepancies or if there have been changes in the law of the country since our staff last updated the legal analysis, we welcome any additional information or insights. Please contact us via this form.
Stillbirth Reporting
South Africa
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South Africa
Stillbirth Reporting
Other requirements
Other requirements
Medical Certificate of Cause of Death
Does the law require or request medical certification of cause of death for stillbirths? If yes, does the medical certificate of cause of death used, accord with the WHO MCCD form?
MCCD required but does not align with WHO MCCD
Recommended Practice based on International Guidelines
The Cause of Death for stillbirths should be medically certified in the same way as for other deaths. WHO recommends the medical certification of cause of death of stillbirths using the standard WHO medical certificate of cause of death form.
Section 18(1) of the Births and Deaths Registration Act requires a medical practitioner who was present at a stillbirth to issue a prescribed certificate. The certificate is given on Form DHA-1663, which contains a medical certification of cause of death section. Part G of Form DHA-1663 does not fully align with the WHO International MCCD form.
Does the law require that funeral, burial and cremation services request proof of stillbirth registration or reporting?
Yes
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.
The law requires that no burial of a stillborn child may take place without a burial order. Section 18(3) of the Births and Deaths Registration Act provides that, on the basis of the stillbirth notice, the Department of Home Affairs official shall issue a prescribed burial order authorising burial. Section 20(1) of the Act requires that no burial take place without a burial order.
Does the law require that health facility or health professional attending a stillbirth provide to the parent(s) a medical record of fetal death, or equivalent document, to facilitate burial or cremation?
No
Recommended Practice based on International Guidelines
If reporting takes place through the health sector only, the health facility should provide a medical record of the fetal death to the parents, if needed for burial or cremation of the fetus.
No specific provision in the instruments reviewed requires a health facility or health professional to separately provide to the parent(s) a medical record of foetal death to facilitate burial or cremation. The burial order, issued under Section 18(3) of the Births and Deaths Registration Act by the registrar, serves as the document facilitating burial.
