Ka Wai Ola - Office of Hawaiian Affairs, Volume 32, Number 5, 1 May 2015 — Releasing placenta to newborn's parents now allowed by law in certain cases [ARTICLE+ILLUSTRATION]

Releasing placenta to newborn's parents now allowed by law in certain cases

Contributed by Native Hawaiian Legal Corp. n 2005, a young Hawaiian eouple, excitedly awaiting the birth of their first child, dutifully notified their doctor and hospital that they wanted their baby's 'iewe, or placenta, after the birth had occurred. At first the answer from hospital officials was silence as the request went up the ehain of command. Then finally a response of "No," because the state's health laws classified the 'iewe as infectious waste bound for the incinerator. For centuries, Hawaiian families have practiced the time-honored protocol of cleaning and burying the 'iewe as part of a ritual to help the child forge a connection with his or her ancestors and plaee of birth.

"We were excited to provide our child the space and opportunity to be 'rooted' without question to her 'āina hānau. Rooted - physically, spiritually

and psychologically," said Klhei Nahale-a, the father who asked the hospital for his newborn's ; 'iewe. "It is for our 'ohana the opportunity to ceremoniously reconnect and recon

mit our lineages to our ancestral home, to our familial landscape. By this I don't mean connecting to where we eome from but rather to whom we descend from ... 'Āina."

But with hospitals adhering to the state's new infectious waste laws, families were sent away disoriented and dismayed. "For me as a kāne it

was frustrating to not be able to protect my 'ohana, my wahine and my hiapo (first born) from insensitive and prejudicial actions," Klhei said. On hnha1f nf

the young Hawaiian eouple, the Native

Hawaiian Legal Corporation filed a preliminary injunction to prevent the hospital from disposing of the 'iewe. This lawsuit was the first step in a long process of educating not only

the courts but also hospitals and eventually the state Department of Heahh. Finally, through legislative action in 2006, the laws governing infectious waste were amended to allow for the release of the 'iewe if the mother-to-be tested negative for certain diseases and conditions. Although the law was adopted, families have remained vigilant as NHLC has represented at least three more families to address interferenee with this traditional practice. "It was not the way we wanted our child's life to start. We were blessed though. Blessed with loving family and supportive friends. Most importantly we were blessed with the ability to eall upon our kūpuna through pule and oli. And they eame ... they answered. Through all of the rough times they eame," Kīhei said. ■

State law had previously classified placenta as infectious waste bound for incineration. - Photo: īhinbtock