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This entry was published on 2014-09-22
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SECTION 4160-A
Certificate of still birth
Public Health (PBH) CHAPTER 45, ARTICLE 41, TITLE 5
§ 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 section forty-one hundred thirty of this
article relating to a live birth.

3. A person who prepares a fetal death certificate pursuant to 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
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.