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Official Code of Georgia Annotated

Title 31. HEALTH · Chapter 10. VITAL RECORDS

31-10-33. Certificate of birth resulting in stillbirth.

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Current through: Including Acts of the 2025 Session of the General Assembly of Georgia.

  1. (a)

    For any stillborn child in this state, the State Office of Vital Records shall, within 60 days of a request by a parent named on a fetal death certificate or other eligible person as provided for in subsection (h) of this Code section, issue a birth certificate resulting in stillbirth.#

  2. (b)

    The person who is required to file a fetal death certificate under Code Section 31-10-18 shall advise the parent of a stillborn child:#

    1. (1)

      That the parent may request the preparation of a birth certificate resulting in stillbirth in addition to the fetal death certificate;#

    2. (2)

      That the parent may obtain a birth certificate resulting in stillbirth by contacting the State Office of Vital Records;#

    3. (3)

      How the parent may contact the State Office of Vital Records to request a birth certificate resulting in stillbirth; and#

    4. (4)

      That a copy of the original birth certificate resulting in stillbirth is a document that is available as a vital record when held by the state registrar system.#

  3. (c)

    The request for a birth certificate resulting in stillbirth shall be on a form prescribed by the state registrar pursuant to Code Section 31-10-7.#

  4. (d)

    The birth certificate resulting in stillbirth shall contain:#

    1. (1)

      The date of the stillbirth;#

    2. (2)

      The county in which the stillbirth occurred;#

    3. (3)

      The name of the stillborn child as provided on the original or amended certificate of the fetal death certificate. If a name does not appear on the original or amended fetal death certificate and the requesting parent does not wish to provide a name, the State Office of Vital Records shall fill in the birth certificate resulting in stillbirth with the name “baby boy” or “baby girl” and the last name of the parents;#

    4. (4)

      The state file number of the corresponding fetal death certificate; and#

    5. (5)

      The following statement: “This certificate is not proof of live birth.”#

  5. (e)

    The birth certificate resulting in stillbirth shall also contain:#

    1. (1)

      Gender;#

    2. (2)

      Place of delivery;#

    3. (3)

      Residence of mother;#

    4. (4)

      The attendant at delivery;#

    5. (5)

      Gestational age at delivery;#

    6. (6)

      Weight at delivery;#

    7. (7)

      Mother’s name;#

    8. (8)

      Father’s name;#

    9. (9)

      Time of delivery; and#

    10. (10)

      Type of delivery, including but not limited to single, twin, or triplet.#

  6. (f)

    A birth certificate resulting in stillbirth shall be a vital record when held by the state registrar system. The State Office of Vital Records shall inform any parent who requests a birth certificate resulting in stillbirth that a copy of the document is available as a vital record.#

  7. (g)

    A parent may request that the State Office of Vital Records issue a birth certificate resulting in stillbirth regardless of the date on which the certificate of fetal death was issued.#

  8. (h)

    Those individuals who are entitled to request a birth certificate resulting in stillbirth are:#

    1. (1)

      Either parent of the stillborn child listed on the vital record;#

    2. (2)

      A grandparent of the stillborn child;#

    3. (3)

      An adult brother or sister of the stillborn child;#

    4. (4)

      A legal representative of the parent; and#

    5. (5)

      A court of competent jurisdiction.#

  9. (i)

    The State Office of Vital Records shall not use a birth certificate resulting in stillbirth to calculate live birth statistics.#

  10. (j)

    This Code section shall not be used to establish, bring, or support a civil cause of action seeking damages against any person or entity for bodily injury, personal injury, or wrongful death for a stillbirth.#

  11. (k)

    The state registrar shall prescribe by rules pursuant to Code Section 31-10-5 the form, content, and process for the birth certificate resulting in stillbirth.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 31-10-33, enacted by Ga. L. 2008, p. 585, § 3/SB 381; Ga. L. 2025, p. 551, § 3/SB 100, effective July 1, 2025.

Amendments

The 2025 amendment, effective July 1, 2025, substituted “birth certificate” for “certificate of birth” throughout this Code section.

Editor's notes

Ga. L. 2008, p. 585, § 1/SB 381, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘No Heartbeat Act.’” Ga. L. 2025, p. 551, § 1/SB 100, not codified by the General Assembly, provides: “This Act shall be known and may be cited as ‘Andee’s Law.’”

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Session of the General Assembly of Georgia.

Text read from t31-(v23)-2025-pdf.pdf, Volume V23, 2025 edition, pages 680 to 682; merge action: bound only; file SHA-256 ba5a57f85d04.