---
title: O.C.G.A. § 31-10-33. Certificate of birth resulting in stillbirth.
collection: code
id: 31-10-33
cite_as: O.C.G.A. § 31-10-33 (2025)
canonical_url: https://georgiacommons.org/code/31-10-33
md_url: https://georgiacommons.org/code/31-10-33.md
text_url: https://georgiacommons.org/code/31-10-33/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t31-(v23)-2025-pdf.pdf?sfvrsn=da7ded69_0#page=680
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Session of the General Assembly of Georgia
heading_path: HEALTH / VITAL RECORDS
---

# O.C.G.A. § 31-10-33. Certificate of birth resulting in stillbirth.

(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.

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

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

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

(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.

(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.

(d) The birth certificate resulting in stillbirth shall contain:

(1) The date of the stillbirth;

(2) The county in which the stillbirth occurred;

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

(5) The following statement: “This certificate is not proof of live birth.”

(e) The birth certificate resulting in stillbirth shall also contain:

(1) Gender;

(2) Place of delivery;

(3) Residence of mother;

(4) The attendant at delivery;

(5) Gestational age at delivery;

(6) Weight at delivery;

(7) Mother’s name;

(8) Father’s name;

(9) Time of delivery; and

(10) Type of delivery, including but not limited to single, twin, or triplet.

(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.

(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.

(h) Those individuals who are entitled to request a birth certificate resulting in stillbirth are:

(1) Either parent of the stillborn child listed on the vital record;

(2) A grandparent of the stillborn child;

(3) An adult brother or sister of the stillborn child;

(4) A legal representative of the parent; and

(5) A court of competent jurisdiction.

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

(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.

(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.

## 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.

## 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.’”

## Amendments

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