State law takes into account the psychological suffering caused by the situation. A similar national law is also being debated in the Senate.
In force since June 19, Law 17.949/2024, of the State of São Paulo, authorizes the Executive of São Paulo to ensure a separate bed or ward for mothers of stillborn babies or stillbirths. The measure, originally proposed by state MP Mônica Seixas (PSOL), applies to public and private healthcare networks.
The aim of the legislation is to ensure a space where pregnant women can experience pain in a less traumatic waywithout fitting into the typical environment of motherhood, marked by the joy of other families with the newly arrived baby.
“A woman in mourning experiences the cruel feeling of not belonging to the birth environment due to the death of the unborn child or fetus,” reads the justification for the bill, presented at the end of 2023 and promulgated six months later.
What changes with Law 17.949
Under the terms of the law, the government of São Paulo can begin offering separate beds, wards or areas for women giving birth who have stillborn babies or who have been diagnosed with stillbirth, in a location separate from that frequented by other patients who are on the road to giving birth.
The legislation authorizes the state executive to adopt this measure, but does not yet create an obligation and nor does it regulate how the novelty will work in practice, which will still be the subject of complementary legislation. Furthermore, budgetary allocations to ensure the implementation of the law remain to be discussed.
National law under discussion
Law 17,949, it is worth recap, has state coverage and is the exclusive competence of the Executive Power of São Paulo. However, there is a similar project, valid for all of Brazil, which has been in the Senate since the beginning of the year: it is PL 7/2024, signed by Senator Nelsinho Trad (PSD-MS). The proposal has been awaiting the designation of a rapporteur since February.
Trad, who is a doctor, presented a similar justification to the PL, indicating that changing the law would help create an environment of “special attention towards mental health of pregnant woman” after such a situation. Opening a wing isolated from the normal maternity ward would avoid the “clash of reality” with families celebrating happy births.
In recent times, several legislative projects have focused on the drama of stillbirths, trying to offer alternatives to those who find themselves facing this tragic moment. In addition to the rights related to hospital admission, another proposal under discussion at the National Congress aims to give parents the possibility of register the name in a registry office of stillborn children.
Source: Terra

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