N.Y.
Public Health Law Section 4160-A
Certificate of still birth
1.
The department, or in the city of New York, the New York city department of health and mental hygiene, shall establish a certificate of still birth. The department, or in the city of New York, the New York city department of health and mental hygiene, shall issue a certificate of still birth upon the request of such parent or parents who experienced the still birth. If both parents are deceased at the time of the still birth, the department, or in the city of New York, the New York city department of health and mental hygiene shall issue the certificate to, and upon the request of, the lawful estate representative, the sibling, parent, or parents of the parents.2.
A certificate issued pursuant to this section shall include such appropriate information as shall be determined by the department or if the stillbirth occurred in the city of New York, by the New York city department of health and mental hygiene, and shall be on a form established by the department or New York city department of health and mental hygiene which is similar, as applicable, to the form of a certificate prescribed by § 4130 (Births)section forty-one hundred thirty of this article relating to a live birth. The department, or in the city of New York, the New York city department of health and mental hygiene, shall provide for the submission of such form through electronic means.3.
The provider attending the still birth or such provider’s designee shall inform the parents in writing, of the right to receive a certificate of still birth. Provided, however that if both parents are deceased at the time of such stillbirth, then the person shall so inform the lawful estate representative, sibling, parent or parents of the parent or parents.4.
The person who prepares a request for a certificate pursuant to this section shall include thereon the name given to the stillborn fetus by the parents, if the parent or parents wish to include such name on such certificate.5.
A certificate issued pursuant to this section shall not constitute proof of a live birth. Furthermore, such certificate shall not be used to calculate live birth statistics.6.
Notwithstanding any other provision of this chapter, the parent or parents may elect to have the disclosure of and access to the information included on such certificate limited to the parents named on the certificate, their lawful representatives, to authorized personnel of the department, or, in the city of New York, personnel of the New York city department of health and mental hygiene.7.
For the purposes of this section, the term “stillbirth” shall mean the intrauterine death of a fetus that occurs after the clinical estimate of the twentieth week of gestation.8.
A certificate of still birth may be requested and issued regardless of the date on which the pregnancy loss certificate was issued.9.
The department, or in the city of New York, the New York city department of health and mental hygiene may charge a fee for the issuance of a certificate under this section equal to the fee authorized by law for the certification of a birth or death.10.
This section shall apply to the city of New York, notwithstanding § 4104 (Vital statistics)section forty-one hundred four of this article.
Source:
Section 4160-A — Certificate of still birth, https://www.nysenate.gov/legislation/laws/PBH/4160-A (updated May 16, 2025; accessed May 24, 2025).
