In Saarland, the Funeral Act (Bestattungsgesetz) governs the burial of deceased individuals, including miscarried, stillborn, and live-born infants (as of 2021). The applicable legal obligations and options vary based on the gestational age and birth weight of the child.
Legal definitions and implications
Miscarriage (Fehlgeburt)
Defined as the birth of a fetus with:
- a weight below 500 grams and
- a gestational age under 24 weeks According to the Saarland Funeral Act, these infants must be cremated at no cost by the hospital and included in a communal (group) burial. (See also: “Sammelbestattung” – collective burial.) Hospitals are legally obligated to inform at least one parent about the option of an individual burial. In such cases, the parents must engage a funeral service provider, and the costs must be borne privately. If the child was born at home, there is no legal obligation for burial, and no entitlement to hospital-facilitated communal burial.
Stillbirth (Totgeburt)
Defined as:
- infants weighing over 500 grams, and
- born at 24 weeks of gestation or later In such cases, the parents are legally required to arrange for the burial themselves. They must engage a funeral home, and all associated costs are to be covered by the parents.
Live birth (Lebendgeburt)
Applicable regardless of gestational age. In medical and neonatal terms, a live birth is determined by the presence of vital signs, including:
- Respiration: Evidence of breathing or respiratory movements
- Cardiac activity: A detectable heartbeat or pulsating umbilical cord
- Movement: Observable limb movements or response to external stimuli
- Reflexes: Such as sucking or grasping reflexes, indicating neurological activity
- Body temperature: A measurable body temperature confirming metabolic function In cases of live birth followed by death, the parents are legally obligated to arrange and finance the burial through a funeral service.
Important recommendation
It is strongly recommended that parents seek early guidance regarding all available burial options and related costs. This ensures that the arrangements can be made in accordance with personal values, cultural beliefs, and emotional needs.