State | Placenta Regulations |
Alabama | - Alabama does not have any laws or regulations that specifically address releasing the placenta to parents after birth.
- East Alabama Health hospital runs a placenta donation program.
- On 2/16/2024, Alabama became the first state to rule that IVF embryos should be treated like children. When it became clear this would force IVF clinics to stop practicing in Alabama, another law was passed 3/6/2024 to give clinics a liability shield, but the practice of IVF in Alabama remains uncertain. This demonstrates a great deal of legislative concern for the fetus, while sat the same time ignoring the placenta.
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Alaska | - Alaska does not have any laws or regulations that specifically address releasing the placenta to parents after birth.
- Alaska is the leading US state for births outside of hospitals, with midwives attending the majority of community births. Alaska provides board certification for midwives.
- The Inuit tradition is to give birth with a midwife.
- Alaska recognizes that medical waste may originate in the home setting, but there is no provision for handling placentas.
- Alaska laws are “relatively silent” on the burial of human remains on private property.
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Arizona | - Arizona does not have any laws or regulations that specifically address releasing the placenta to parents after birth.
- Celebration Stem Cell Centre in Phoenix collects cord blood and placenta donations.
- Donor Network of Arizona accepts placenta donations from C-sections only.
- The Navaho tradition is to bury the placenta. The tradition of the Havasupai people is also to bury the placenta.
- Arizona law requires health care professionals to educate expectant moms about the banking of cord blood, including the blood that remains in the placenta after birth. The Arizona Dept. of Health Services collects cord blood donations, which are banked in Texas.
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Arkansas | - Arkansas automatically allows parents to take home their placenta. This is covered under regulations about the disposition of human tissue. After scientific examination, a physician may return human tissue to the patient or someone acting on the patient’s behalf, if there is a written request, and subject to the safety rules from the State Board of Health. This regulation explicitly defines human tissue to include the placenta.
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California | - California does not have any laws or regulations that specifically address releasing the placenta to parents after birth.
- Kaiser Permanente, the largest health plan and private employer in California, automatically allows parents to take home their placenta as part of their birth plan. Their instructions tell parents to bring a cooler to the hospital and remove the placenta within two hours after birth.
- The California regulations on Informed Consent say that when a mother is asked to donate her placenta to research, she must give informed consent.
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Colorado | - Colorado does not have any laws or regulations that specifically address releasing the placenta to parents after birth.
- In Colorado, the regulations on disposition of fetal tissue say that the mother makes the final decision on the disposition of remains after the “expulsion or extraction from its mother of a product of human conception”. Although this was written to describe the fetus, it could be liberally interpreted to cover the placenta.
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Connecticut | - Connecticut automatically allows parents to take home a “delivered placenta”. This is combined with the right to burial of a stillborn baby. Connecticut regulations allow for the placenta to be divided, with part of it going to pathology and the rest going to the parents. The parents must first be educated about blood-borne disease, certify that the placenta is for personal use, and sign a form releasing the hospital of liability.
- There is a 2006 law on the Connecticut books to establish a public cord blood bank, and the wording of the law includes collecting the placenta in order to extract blood from it. However, no funding was ever allocated to this effort, so the bank was never established.
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Delaware | - Delaware does not have any laws or regulations that specifically address releasing the placenta to parents after birth.
- Christiana Care is the largest birthing center in Delaware and their birth plan automatically allows parents to take home their placenta after filling out a consent form.
- Nemours hospital birth plan automatically allows parents to keep the placenta.
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District of Columbia | - Washington, D.C., does not have any laws or regulations that specifically address releasing the placenta to parents after birth. The municipal regulations for maternity centers do not contain the keyword “placenta”.
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Florida | - Florida does not have any laws or regulations that specifically address releasing the placenta to parents after birth.
- In Florida, under the Stephanie Saboor Grieving Parents Act, the mother may retrieve fetal remains from a miscarriage. However, fetal remains from an abortion must be treated as medical waste. The Florida Department of Health definition of biomedical waste does not have any exception for placentas.
- The American Association of Tissue Banks (AATB) has accredited 67 organizations to collect and process birth tissues in the United States. Florida ranks 2nd in birth tissue accredited labs, with 9 (183%) as of Dec. 2024.
- Florida has a statute on umbilical cord blood awareness, but there is no comparable law about birth tissues such as the placenta.
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Georgia | - Georgia does not have any laws or regulations that specifically address releasing the placenta to parents after birth.
- Northside Hospital in Atlanta delivers more babies per year than any other community hospital in the country. Their labor preferences worksheet does not mention taking the placenta home.
- Georgia has a law named after Keone Penn, the first person cured of sickle cell disease by a cord blood transplant. Keone’s Law, from 2008, calls upon Georgia to establish a network of postnatal tissue and fluid banks in partnership with existing public or private organizations. To this day, Georgia does not have such a bank.
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Hawaii | - Hawaii automatically allows parents to take home their placenta. Hawaii was the first state, in 2006, to develop a placenta release policy, in recognition of the native Hawaiian tradition to bury the placenta and plant a tree over it. The Hawaii regulations exempt the placenta from the category of infectious waste. The regulations do require that the mother test negative for infectious disease and require a written procedure for the transport of the placenta. The release form must be signed by the mother, the doctor, and an authority at the healthcare facility.
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Idaho | - Idaho does not have any laws or regulations that specifically address releasing the placenta to parents after birth.
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Illinois | - Illinois does not have any laws or regulations that specifically address releasing the placenta to parents after birth.
- Illinois has a state-sponsored website on pregnancy rights, but it does not mention releasing the placenta to parents after birth.
- In July 2024, Illinois approved state Medicaid expansion to provide better coverage for post-partum mothers. Licensed midwives can apply to participate in insurance coverage.
- Northwestern hospital in Chicago automatically allows parents to take home their placenta. The placenta must be removed from the labor and delivery unit in a cooler and cannot travel to the mother-baby unit.
- Illinois has a 2006 law directing the state to educate the public about cord blood and establish a network of public cord blood banks; there is no such network to this day. Cord blood is collected from both the umbilical cord and the placenta.
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Indiana | - Indiana does not have any laws or regulations that specifically address releasing the placenta to parents after birth.
- Indiana has more hospitals collecting placenta along with cord blood for transplant banks than any other state, thanks to Life Line Stem Cell.
- Indiana has a fetal disposition law which requires that fetal remains cannot be treated as infectious waste and must be sent to a funeral home for burial or cremation. This law was temporarily on hold until the U.S. Supreme Court declined to hear a challenge to the law in 2023. Unfortunately, the law only covers the fetus and says nothing about a mother’s right to claim her baby’s placenta.
- Indiana K9 Search & Recovery is a charity that accepts donated placentas to train cadaver dogs.
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Iowa | - Iowa does not have any laws or regulations that specifically address releasing the placenta to parents after birth.
- Researchers at Iowa State University have developed a "placenta-on-a-chip" to study how caffeine is transported from a mother to her fetus.
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Kansas | - Kansas does not have any laws or regulations that specifically address releasing the placenta to parents after birth.
- Kansas has a 2023 statute regarding disposition of fetal organs and tissue which gives parents the right to take the fetal remains, but not explicitly including the placenta as a fetal tissue.
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Kentucky | - Kentucky does not have any laws or regulations that specifically address releasing the placenta to parents after birth.
- Kentucky has passed the Unborn Infants Dignity Act. This law ensures that the mother of a miscarried, stillborn, or aborted fetus has the right to retrieve and bury the remains. Unfortunately, the law only covers the fetus and says nothing about a mother’s right to claim her baby’s placenta.
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Louisiana | - Louisiana does not have any laws or regulations that specifically address releasing the placenta to parents after birth.
- Louisiana has a law regarding disposition of fetal remains which requires the health facility to give the parents notice of their right to arrange for disposition of the remains. The facility has 24 hours to give the parents notice and the parents have 48 hours to respond. Moreover, under Louisiana administrative code the placenta is considered to be part of the products of conception. Unfortunately, Louisiana law says nothing about a mother’s right to claim her baby’s placenta when the child has not died.
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Maine | - Maine does not have any laws or regulations that specifically address releasing the placenta to parents after birth.
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Maryland | - Maryland automatically allows parents to take home their placenta, by exempting it from the definition of special medical waste.
- However, there is no standard form for the release of the placenta. This is a bit surprising, considering that Maryland regulates home births, but they do not regulate the release of placentas yet.
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Massachusetts | - Massachusetts automatically allows parents to take home their placenta, by stating that only “discarded” materials meet the definition medical waste; if the placenta is not discarded then it is not waste. The state recommends that each hospital develop procedures to educate parents about blood borne pathogens and obtain written consent from the mother.
- In Massachusetts, Mark9 is a charity that accepts donated placentas to train search and rescue dogs.
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Michigan | - Michigan does not have any laws or regulations that specifically address releasing the placenta to parents after birth.
- Gift of Life Michigan collects placenta donations from three hospitals.
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Minnesota | - We could not find any Minnesota laws or regulations that specifically allow parents statewide to take home their placenta. However, hospitals in the state have liberal policies towards parents that request their placenta.
- Minnesota is home to a large community of Hmong people from Asia; in the Hmong tradition the placenta is buried.
- Allina Health hospitals automatically allow parents to take home their placenta. Allina Health is a nonprofit health care system that owns or operates more than 90 clinics and 12 hospitals in Minnesota and western Wisconsin.
- The Mayo Clinic, in Rochester Minnesota, acknowledges that "in some cultures, families bury the placenta in a special place"
- The University of Minnesota policy on procuring human body parts for research requires that their disposal must be in accordance with both environmental safety regulations as well as the wishes of the next-of-kin.
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Mississippi | - Mississippi does not have any laws or regulations that specifically address releasing the placenta to parents after birth.
- In 2016, a mom in Mississippi had to win a court order to force her hospital to agree in advance of the birth to release her placenta.
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Missouri | - Missouri does not have any laws or regulations that specifically address releasing the placenta to parents after birth.
- The Mercy Hospital network has a birth tissue donation program.
- The Missouri Dept. of Health educates about cord blood.
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Montana | - Montana does not have any laws or regulations that specifically address releasing the placenta to parents after birth.
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Nebraska | - Nebraska does not have any laws or regulations that specifically address releasing the placenta to parents after birth.
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Nevada | - Nevada does not have any laws or regulations that specifically address releasing the placenta to parents after birth.
- Nevada does not require treatment of medical waste; it can be buried in landfills.
- In 2007, a mom in Nevada had to win a court order to force her hospital to return her placenta after birth.
- Nevada has a 2023 law which requires pregnant patients be educated about birth tissue donation and provided with a list of Nevada entities accredited by AATB.
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New Hampshire | - New Hampshire does not have any laws or regulations that specifically address releasing the placenta to parents after birth.
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New Jersey | - New Jersey automatically allows parents to take home their placenta. This is not stated explicitly, but the definition of regulated medical waste excludes human “anatomical parts” that the family wants to keep (presumably to send to a funeral home).
- New Jersey has a 2023 regulation which requires hospitals to inform mothers of the option to donate cord blood and placenta. This regulation also requires hospitals to cooperate with mothers that want to privately bank cord blood and placenta.
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New Mexico | - New Mexico automatically allows parents to take home their placenta as part of their oversight regulations of freestanding birth centers. A birth center is defined as a facility that is not a hospital and is licensed to handle low-risk deliveries. Section 8.370.17.23(4) of the 2024 code requires birth centers to provide “safe handling of the placenta for families requesting to keep the placenta”.
- However, the New Mexico oversight regulations of births in acute care hospitals does not contain the keyword “placenta”.
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New York | - We could not find any New York laws or regulations that specifically exempt the placenta from being treated as regulated medical waste. However, New York regulations describe human pathological wastes as “discarded materials”. Presumably the placenta can be released in New York when it is not discarded.
- There are reports which claim that in 2010 the New York State Dept. of Health said “regulated hospitals and medical facilities may, at the request of a patient or patient's representative, return a healthy placenta for disposition by the patient without violating any NYS public health law or regulation.” However, this statement does not currently appear on the NYS Dept. of Health website, so it cannot be verified.
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North Carolina | - North Carolina does not have any laws or regulations that specifically address releasing the placenta to parents after birth.
- North Carolina law requires health care professionals to educate expectant moms about the banking of cord blood, including the blood that remains in the placenta after birth.
- North Carolina law requires staff to wait 7 days and try to obtain consent from the mother before disposing of “expelled or extracted” fetal remains; this law is intended to cover miscarriage and stillbirth.
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North Dakota | - North Dakota does not have any laws or regulations that specifically address releasing the placenta to parents after birth.
- Sanford Health is the largest hospital chain in North and South Dakota, but we could not find information in their web pages about taking home the placenta.
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Ohio | - Ohio does not have any laws or regulations that specifically address releasing the placenta to parents after birth.
- Ohio has a law requiring that final disposition of fetal remains shall be cremation or burial. While this exempts a deceased fetus from being treated as medical waste, unfortunately the law says nothing about a mother’s right to claim her baby’s placenta.
- The Cleveland Clinic has a web page about the placenta which describes both placental tissue banking and encapsulation but does not provide a release procedure.
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Oklahoma | - Oklahoma does not have any laws or regulations that specifically address releasing the placenta to parents after birth.
- Oklahoma is home to the most reservations for Native Americans, covering 42% of the state. Legally, reservations are federal land under tribal jurisdiction and do not follow state law.
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Oregon | - Oregon automatically allows parents to take home their placenta, under a 2013 state bill. The bill says that a placenta is exempted from the Oregon definitions of biological waste. The regulations from the Oregon Health Authority say that a placenta may be released to the woman from which it originated, or her designee, provided that the woman, her health care provider, and the health care facility will sign disclaimers about infectious diseases, and provision is made for safe management and transport of the placenta. Nothing in this rule shall prohibit the health care facility from having additional requirements.
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Pennsylvania | - Pennsylvania does not have any laws or regulations that specifically address releasing the placenta to parents after birth.
- As of July 2023, Westmoreland Hospital in Pittsburgh is participating in a placenta donation program.
- Pennsylvania educates about cord blood banking.
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Rhode Island | - Rhode Island does not have any laws or regulations that specifically address releasing the placenta to parents after birth.
- The birth plan of Women & Infants hospital in Rhode Island asks if the mother has “cultural, religious, or personal preferences” that are important.
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South Carolina | - South Carolina does not have any laws or regulations that specifically address releasing the placenta to parents after birth.
- The Medical University of South Carolina (MUSC) has a center of excellence for treating the pregnancy complication placenta accreta.
- The South Carolina K9 Search Team (SCK9ST) is a charity that accepts donated placentas to train cadaver dogs.
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South Dakota | - South Dakota does not have any laws or regulations that specifically address releasing the placenta to parents after birth.
- The Lakota tradition is to bury the placenta.
- Sanford Health is the largest hospital chain in North and South Dakota, but we could not find information in their web pages about taking home the placenta.
- South Dakota currently has the highest birth rate in the United States.
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Tennessee | - Tennessee does not have any laws or regulations that specifically address releasing the placenta to parents after birth.
- Tennessee has passed the Unborn Infants Dignity Act. This law ensures that the mother of a miscarried, stillborn, or aborted fetus has the right to retrieve and bury the remains. Unfortunately, the law only covers a deceased fetus and says nothing about a mother’s right to claim her baby’s placenta.
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Texas | - Texas automatically allows parents to take home their placenta, thanks to a 2015 state bill that amends the public health regulations. Texas provides a statewide form to consent for release of the placenta. Requirements: the mother must test negative for infectious disease, there is no need to send the placenta for pathology testing, and the parents acknowledge the placenta is for personal use and will not be sold.
- The American Association of Tissue Banks (AATB) has accredited 67 organizations to collect and process birth tissues in the United States. Texas has the most birth tissue accredited labs, with 12 (18%) as of Dec. 2024.
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Utah | - Utah does not have any laws or regulations that specifically address releasing the placenta to parents after birth.
- In March 2024 the Utah state legislature passed a Placental Tissue law which says health care providers in Utah can treat patients with placenta products that are not approved by the FDA. Given the lobbying effort that was invested to pass this law, one would suspect that biotech companies must be collecting a lot of placenta donations in Utah. Yet the Utah code on anatomical gifts only describes deceased donors, and no Utah regulations could be found that covered informed consent for placenta donations.
- Utah used to have the highest birth rate in the United States and is still one of the top states for births per woman.
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Vermont | - Vermont does not have any laws or regulations that specifically address releasing the placenta to parents after birth.
- Vermont regulated medical waste definition of pathological waste includes tissues removed during obstetrical procedures.
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Virginia | - Virginia does not have any laws or regulations that specifically address releasing the placenta to parents after birth.
- The Virginia regulations on medical waste do not have an exception for the placenta.
- Some INOVA hospitals in Virginia will return the placenta to parents, but until it is released it is stored in the pathology dept.
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Washington | - Washington does not have any laws or regulations that specifically address releasing the placenta to parents after birth.
- Washington state has regulations on childbirth centers which handle low-risk deliveries. They have a client bill of rights, but they do not mention the placenta.
- Washington state requires that the placenta be sent to pathology in the event of a maternal mortality during or within 42 days after pregnancy.
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West Virginia | - West Virginia does not have any laws or regulations that specifically address releasing the placenta to parents after birth.
- West Virginia definition of infectious medical waste does not have a provision for exempting a placenta
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Wisconsin | - Wisconsin does not have any laws or regulations that specifically address releasing the placenta to parents after birth.
- Wisconsin distinguishes between health waste that is or is not infectious. For example, teeth may be taken home from the dentist. But there is no explicit provision to take a placenta home.
- The Medical College of Wisconsin recruits moms to donate to their Maternal Research Placenta & Cord Blood Bank. This is a pathology research program to better understand health issues during pregnancy.
- Wisconsin’s largest birth center is Meriter Hospital in Madison, and their Birth Preferences form automatically allows parents to take their placenta home.
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Wyoming | - Wyoming does not have any laws or regulations that specifically address releasing the placenta to parents after birth.
- Banner Health is the largest hospital network in Wyoming; their birth plan includes the option of cord blood banking and cultural “practices that should be respected”.
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