Fetal Deaths

V.S.A. tit. 18, ch. 107, subch. 2

in effect

18 V.S.A. § 5221 Definition

5221. Definition As used in this subchapter, “fetal death” means a death prior to the complete expulsion or extraction from the mother of a product of conception; the death is indicated by the fact that after such separation, the fetus does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles. Added 1973, No. 99, § 1; amended 2023, No. 85 (Adj. Sess.), § 56, eff. July 1, 2024.

18 V.S.A. § 5222 Reports

5222. Reports (a)(1) The following fetal deaths shall be reported by the hospital, licensed health care professional, or funeral director directly to the Commissioner within seven days after delivery on forms prescribed by the Department: (A) All fetal deaths of 20 or more weeks of gestation or, if gestational age is unknown, of 400 or more grams, 15 or more ounces, fetal weight shall be reported. (B) All therapeutic or induced abortions, as legally authorized to be performed, of any length gestation or weight shall be reported. (2) Spontaneous abortions and ectopic pregnancies of less than 20 weeks gestation are not required to be reported. (b) The licensed health care professional who treats a patient as a result of a miscarriage or abortion shall report the fetal death if it is not known to be previously reported under subsection (a) of this section. If there is evidence of violence or other unusual or suspicious circumstances, the medical examiner shall be immediately notified, and the medical examiner shall complete at least the medical items on the report. If a funeral director is to be involved, the licensed health care professional may delegate to the funeral director the responsibility for completing items other than those of a medical nature. Similarly, the licensed health care professional may delegate the responsibility for completion of nonmedical items to appropriate personnel having access to records containing the information. (c) If a fetal death occurs on a moving conveyance, the place of occurrence shall be given as the town or city where removal from the vehicle took place. (d) Reports made pursuant to this section are for statistical purposes only and are not public records. They shall be kept confidential; shall not be disclosed or discoverable in any civil, criminal, administrative, or other proceeding; and shall be destroyed after two years. Added 1973, No. 99, § 1; amended 2023, No. 53, § 122, eff. June 8, 2023; 2025, No. 20, § 9, eff. May 13, 2025.

18 V.S.A. § 5223 Unidentified fetus

5223. Unidentified fetus A medical examiner shall investigate an unidentified fetus and shall prepare and file a report. If it cannot otherwise be determined, the place where the fetus was found shall be entered as place of fetal death. Added 1973, No. 99, § 1.

18 V.S.A. § 5224 Disposition of remains; permits

5224. Disposition of remains; permits (a) Fetal remains shall be disposed of by burial, cremation, or natural organic reduction unless released to an educational institution for scientific purposes or disposed of by the hospital or as directed by the attending physician in a manner that will not create a public health hazard. Permission shall be obtained from one of the parents, if competent, for disposition in all cases where a funeral director is not involved. One copy of the fetal death report shall be printed in such manner that completion and signing by the physician or medical examiner shall constitute permission to make permanent disposition of the fetal remains. (b) When a funeral director is involved or when the fetal remains are to be privately buried or disposed of by a disposition facility, the funeral director or other person taking charge of the remains shall obtain from the hospital or physician the disposition permit portion of the report and shall deliver it to the sexton or other person having care of the cemetery, tomb, vault, or disposition facility before burial or other disposition takes place. These permits shall be delivered each month to the clerk of the town in which burial or disposition took place, in the same manner as permits for burial of dead bodies; so also shall all other provisions of sections 5209-5216 of this title be applicable to fetal remains as are applicable to dead bodies. (c) When disposition of fetal remains is by means other than those specified in subsection (b) of this section and a funeral director is not involved, the disposition permit copy of the report shall be completed by the appropriate official of the hospital or by the physician or other person in charge of disposition and sent to the Commissioner within 10 days after such disposition. These permits may be destroyed after five years. Added 1973, No. 99, § 1; amended 2021, No. 169 (Adj. Sess.), § 6, eff. Jan. 1, 2023; 2023, No. 6, § 163, eff. July 1, 2023.

18 V.S.A. § 5225 Penalty

5225. Penalty A person who violates a provision of this subchapter, unless another penalty is otherwise provided, shall be fined not more than $500.00. Added 1973, No. 99, § 1.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/18/107Fetched: 10/21/2026