Legislation

Search OpenLegislation Statutes

This entry was published on 2025-05-16
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
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 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 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
section forty-one hundred four of this article.