Pochówek dzieci martwo urodzonych – w świetle praw rodziców i zadań gminy
Burial of Stillborn Children in the Light of Parents’ Rights and Tasks of the Commune

Summary/Abstract: Law regulations concerning stillborn children are scattered in different legal acts. Diverse regulations of their status under medical and administrative law raise the question of the obligation to organize burials for fetus found dead before the end of the 22nd week of pregnancy. The purpose of the article is analysis of legal solutions concerning burial of stillborn children and settlement of collisions between acts of different law areas which regulate this issue. The study addresses the problem of lack of uniform procedures in treating corpses of stillborn children, which might lead to criminal responsibility for not honouring corpses by classifying them as medical waste. Conclusions emphasize the need to order regulations, refrain from arbitrary practices which violate parents’ rights, including thee right for privacy and mourning. Depriving parents of their right to death grant in case of inability to determine sex of a child was critically assessed. The role of a district in organizing a burial was positively evaluated.

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