Officials with Erlanger said the hospital's nurses sent a dead infant home with his mother in a cooler because state law says they couldn't keep the fetal remains.
"Erlanger respectfully honors the parents' decisions during this difficult time in their lives," said Jennifer Homa, a hospital spokeswoman. "Our policy strictly adheres to state laws when presenting options to the family."
Melvina Brown, 22, was 19 weeks in her pregnancy when she went into labor Thursday. The baby survived briefly outside the womb, but died Sunday. The baby was Brown's third unsuccessful pregnancy.
Brown signed a release form to take the baby home because she couldn't afford to send it to a funeral home, but said later she really wasn't lucid enough to make that decision after the birth.
Babies who die before birth and weigh less than 350 grams can be disposed of by the hospital if that is what the parents choose, Homa said.
But state law has other regulations for live births, she said.
"In the event of a live birth, pathology cannot accept the baby due to state laws and the family may either make arrangements with a licensed funeral director or may choose a private burial adhering to their county regulations," Homa said.
Charles Brown, Melvina Brown's father, said the hospital has agreed to keep the baby until they decide how the family wants to bury the child. Private burials are allowed in Hamilton County as long as the family has a designated burial plot.
Still, Brown said he is very upset with the hospital's regulations.
"Who gives a body to take home with them? That is unheard of," he said. "I know she wasn't supposed to bring no dead child home."
In such situations, Homa said, if parents choose to transport the remains themselves, the hospital "will provide them a container for the baby's body."
"Disposition of fetal remains is always the decision of the parents," Homa said.