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GOVERNMENT OF PUERTO RICO

Governor González-Colón Signs Law Protecting the Dignified Disposition of Fetal Remains Under 20 Weeks

March 11, 2026

March 11, 2026 — La Fortaleza, San Juan, Puerto Rico — Reaffirming her administration’s commitment to the protection of human dignity and respect for life, Governor Jenniffer González-Colón has signed Law 42-2026, establishing a protocol that allows parents, at their request and with medical authorization, to claim and provide a dignified disposition for fetal remains resulting from pregnancy losses occurring before twenty (20) weeks of gestation.

The measure recognizes the profound emotional impact of pregnancy loss and ensures that parents are afforded the respect, compassion, and choice they deserve during one of the most difficult moments a family can face.

Senate Bill 756 (SB 756) was authored by Senate President Thomas Rivera Schatz and Senator Joanne Rodríguez Veve, with Senators Wilmer Reyes, Jeison Rosa, Brenda Pérez, Rafael Santos, Luis D. Colón, and Ángel Toledo serving as co-sponsors.

The law amends Puerto Rico’s Regulated Biomedical Waste Management Act to clarify that human fetal remains resulting from pregnancy losses before twenty (20) weeks of gestation—regardless of weight—shall not be classified as regulated biomedical waste when the mother or father formally requests their release in accordance with protocols established by the Puerto Rico Department of Health.

Additionally, the measure amends the Puerto Rico Funeral Services Act to authorize funeral homes to receive—and prohibit them from refusing—fetal remains resulting from pregnancy losses before twenty (20) weeks of gestation, provided that the remains are accompanied by a special certificate for registration and disposition.

Under the new law, the Puerto Rico Department of Health will prepare a special certificate for the registration of stillborn children, which will be recorded in a separate registry book and archived independently within the Department following standard procedures. In lieu of the child’s name, the certificate will include the designation “stillborn.” The law further provides that a stillbirth certificate will not be required for fetuses that have not reached five months of intrauterine gestation, unless the mother or father specifically requests one.

The measure received explicit support from both the Puerto Rico Hospital Association and the Puerto Rico Department of Health.

In its official memorandum, the Department of Health noted: “Current legislation automatically classifies these remains as biomedical waste, without offering parents the option to claim them or arrange for a dignified disposition. This regulatory gap stands in contrast with the public policy established in the Constitution of Puerto Rico, which recognizes the inviolability of human dignity and the importance of respectful treatment of human remains. Likewise, the measure responds to the need to address the emotional, spiritual, and social dimensions that accompany pregnancy loss.”

Similar measures are already in effect in jurisdictions across the nation, recognizing the rights of parents to claim and arrange for the dignified disposition of fetal remains in the early stages of pregnancy.

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