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.
Sri Lanka
Legal Analysis
Section 43(1) of the Births and Deaths Registration Act stipulates that "no person" shall bury, cremate, or dispose of a stillborn child unless a certificate has been obtained by one of the following: the registrar, the superintendent of the estate, or the medical practitioner in attendance.
However, note that Section 43(1) only applies to stillbirths occurring in certain areas (listed in Part V of the Act) and Part V of the Act is no longer in effect. Therefore, even though the law stipulates that burial cannot take place without stillbirth registration, in practice, only stillbirths that occurred in Part V areas were subject to this provision before Part V areas became obsolete under the law.