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

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.#

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.#

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.#

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.”#

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.#

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.#

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.#

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.#

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

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.#

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.#