N.Y.
Public Health Law Section 4160-A
Certificate of still birth
1.
The department, or in the city of New York, the board of health, shall establish a certificate of still birth. The registrar with whom a fetal death certificate is filed shall issue a certificate of still birth to the parent or parents named on a fetal death certificate issued in the case of a stillbirth, upon the request of such parent or parents. If both parents are deceased at the time of the stillbirth, the registrar shall issue the certificate to, and upon the request of, the sibling, parent, or parents of the birth 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 board of health, and shall be on a form established by the department or city of New York board of health 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.3.
A person who prepares a fetal death certificate pursuant to § 4160 (Fetal deaths)section forty-one hundred sixty of this title or, if the stillbirth occurred in the city of New York, pursuant to the New York City health code, or their designee, shall inform, in writing, the parent or parents of a stillborn fetus 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 sibling, parent or parents of the birth parent or parents.4.
The person who prepares 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, and to the registrar.7.
For the purposes of this section, the term “stillbirth” shall mean the unintended 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 fetal death certificate was issued.9.
The registrar 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. For the purposes of this section, in relation to the city of New York, the term “registrar” shall mean the official of the city of New York with whom fetal death certificates are filed.
Source:
Section 4160-A — Certificate of still birth, https://www.nysenate.gov/legislation/laws/PBH/4160-A (updated Sep. 22, 2014; accessed Apr. 27, 2024).
