Are you or someone you love experiencing a miscarriage?

You or your loved one have the right to clearly translated medical information. You can:

• Ask questions about your diagnosis and treatment options.
• Receive explanations in language you understand.
• Refuse or delay any procedure, unless it’s an emergency.

You are your own best advocate. Don’t be afraid to ask for time or a second opinion.

For additional information about the mother’s rights:

(Kessler, 2022 – Miscarriage of Justice: Early Pregnancy Loss and the (Mis)use of Law)
(Donley, 2022 – Abortion, Pregnancy Loss, & Subjective Fetal Personhood)

You or your loved one have the right to decide how the baby’s remains are cared for. You can:

• Request your baby’s remains for burial or cremation.
• Ask your provider how to respectfully handle remains in early pregnancy.
• Choose whether to involve a funeral home or care for the remains privately.

Most states allow parents to request remains even before 20 weeks, but hospitals may not offer this information unless asked.

For more information about the mother’s rights:
(LawAtlas Dataset: Fetal Burial Requirements by State)
(Key, 2017 – Government Mandate of Interment or Cremation of Fetal Remains, UC Davis Law Review)
(The IJCP – Fetal Remains Post-Spontaneous Abortion: Ethical Consideration)
(Cornell Law – Maryland COMAR 10.03.01.05 Regulation)

Mothers who have lost a child through miscarriage have the right to dignity and respect. You can:

• Request privacy and sensitive communication.
• Ask for a spouse, partner, or support person to be present.
• Request that staff refer to your baby and your loss respectfully.

For additional information about a mother’s rights:
(Donley, 2022 – Abortion, Pregnancy Loss, & Subjective Fetal Personhood)

A grieving mother has the right to emotional care as well as medical care. You can:

• Ask for hospital chaplaincy, pastoral, or bereavement support.
• Request counseling or grief resources before discharge.
• Access Standing With You directory to find local counseling and peer support.

A mother who has lost a child due to miscarriage has a right to time off, job protection, and freedom from discrimination after pregnancy loss.

• Pregnancy Discrimination Act (PDA) — Federal law protecting you from discrimination related to pregnancy, miscarriage, or recovery. Employers must treat pregnancy-related leave like any other medical leave.
  Pregnancy Discrimination
• Family and Medical Leave Act (FMLA) — Provides up to 12 weeks of unpaid, job-protected leave for serious health conditions, including complications or recovery from miscarriage.
  FMLA Fact Sheet
• Pregnant Workers Fairness Act (PWFA) — Requires employers to provide reasonable accommodations for pregnancy-related health needs — such as time off, light duty, or modified schedules.
  Pregnant Workers Fairness Act

Some states offer additional bereavement or paid-leave protections. Check with your state labor department for specific rules.

You or your loved one have the right to compassionate providers who respect your values. You can:

• Request care from a provider or facility that aligns with your beliefs.
• Decline care if a provider is disrespectful, and ask for a transfer when feasible.

For more information about the compassion and respect a mother should receive:

(American College of Obstetricians and Gynecologists – Patient Rights and Responsibilities)

A grieving mother has the right to continued support after your miscarriage. You can:

• Schedule follow-up appointments to ensure complete recovery.
• Request screening for postpartum depression or trauma.
• Ask for continued grief or peer support referrals.

For additional information about perinatal mental health:
(National Institute of Mental Health – Perinatal Depression Factsheet)