(1) In every instance of fetal death, the pregnant woman shall have the option of treating the remains of a fetal death pursuant to article 135 of title 12. (2) In every instance of fetal death, the health-care provider, upon request of the pregnant woman, shall release to the woman or the woman's designee the remains of a fetal death for final disposition in accordance with applicable law. Such request shall be made by the pregnant woman or her authorized representative prior to or immediately following the expulsion or extraction of the fetal remains. Unless a timely request was made, nothing in this section shall require the health-care provider to maintain or preserve the fetal remains. (3) (a) Nothing in this section shall prohibit a health-care provider from conducting or acquiring medical tests on the remains of a fetal death prior to release. (b) Upon a request pursuant to subsection (2) of this section, whenever a medical test is conducted pursuant to paragraph (a) of this subsection (3), the health-care provider conducting the test shall, where medically permissible and otherwise permitted by law, release to the pregnant woman or the woman's designee the remains of a fetal death for final disposition. (4) Nothing in this section shall prohibit the health-care provider from requiring a release of liability for the release of the remains of a fetal death prior to such release. (5) A health-care provider shall be immune from all civil or criminal liability, suit, or sanction with regard to any action taken in good-faith compliance with the provisions of this section.
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