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.
Zambia
Legal Analysis
After a stillbirth is registered, the Registrar issues a permit for burial of the stillbirth along with a “still-birth certificate” confirming the particulars recorded in respect of the stillbirth in terms of Rule 31 of the Births and Deaths Registration (General) Rules.
The law does not explicitly require that proof of stillbirth registration be presented to funeral, burial and cremation services, but it does require reporting to the Registrar in connection with stillbirths. Rule 39 of the Births and Deaths Registration (General) Rules requires anyone who effects the disposal of the body of a deceased person to notify the Registrar immediately. In addition, Section 18(2) of the Births and Deaths Registration Act requires the custodian or person in charge of any burial place to furnish returns to the Registrar from time to time with details of all burials. These rules appear to cover stillbirths as well as other deaths. In terms of the Public Health (Crematoria and Cremation) Regulations, cremation of a stillborn child is permitted if the child is certified to be stillborn by a medical practitioner and if the medical referee of the crematorium is satisfied that the child was stillborn, that there is no reason for further medical examination and that the stillbirth was duly registered. The superintendent of a crematorium must sent a notification of each cremation to the relevant Registrar within 96 hours of the cremation.