Relates to establishing a certificate of still birth

Summary of specific provisions

Amends the Public Health Law to create a new section 4160-a, requiring the Department of Health to establish a certificate of still birth. The registrar with whom a fetal death certificate is filed shall issue, upon the request of the parent(s) named on the fetal death certificate, a certificate of still birth. If both parents are deceased at the time of the stillbirth, the sibling(s) may request a certificate of still birth, Requires the person who prepares a fetal death certificate to inform the parent(s) in writing of the right to receive a certificate of still birth. Requires the person who prepares a certificate of still birth to include the name given to the stillborn fetus by the parent(s), if a name is provided by the parent(s).

States that the certificate of still birth shall not constitute proof of live birth, and shall not be used to calculate live birth statistics. Allows parents to restrict disclosure of information provided on the certificate of still birth to the parent(s) named on the certificate of still birth, their lawful representatives, authorized personnel of the Department and the registrar. Defines "stillbirth" to mean the unintended intrauterine death of a fetus that occurs after the clinical estimate of the 20th week of gestation. Allows a certificate of still birth to be requested and issued regardless of when the stillbirth took place.

Allows the registrar who issues the certificate of still birth to charge a fee equal to the fee authorized by Public Health Law for certificates of birth and death, which can be reduced or waived for financial hardship.

Applies the provisions of this section to New York City. For the purposes of this section, in relation to New York City, "registrar" is defined to mean the official of the City of New York with whom fetal death certificates are filed.

Justification

Under the Public Health Law, a stillbirth, like any fetal death, "shall be considered as a birth and as a death." Unlike live births, however, the law says the Health Department "shall not be required" to issue a birth certificate in the case of a fetal death. As a result, birth certificates are not issued for a stillbirth. A fetal death certificate, however, is always issued. Many families who have suffered the agony of a stillbirth want a certificate acknowledging the process, with contractions, labor and delivery, that resulted in a stillbirth. They feel it would ease their pain and help in their healing process.

This bill would require the Health Department to issue a certificate of still birth when requested by the family. A stillbirth is defined in the bill as "the unintended intrauterine death of a fetus that occurs after the clinical estimate of the twentieth week of gestation." As with the fetal death certificate, it would allow the parents to record a name for the fetus on the certificate. The bill specifies that the certificate is not proof of a live birth. The bill would allow the Health Department to charge a reasonable fee for the certificate.

Nothing in this bill is intended to subject physicians, other health care providers, or hospitals to any undue burden. Hospitals should designate the appropriate person on the hospital staff to inform parents of the availability of a certificate of still birth and the process for requesting a certificate of still birth. Written information provided to parents regarding a certificate of still birth could be developed by the Health Department for use by hospital staff.

Some still birth bills have raised serious problems by referring to the fetus as an unborn child. This bill does not use any such language.

Prior legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect on the one hundred eightieth day after it shall have become a law, and shall apply to instances of stillbirth regardless of whether they occurred before or after the effective date of this act.