§ 4160-A — Certificate of still birth

§ 4160-a. Certificate of still birth. 1. The department, or in the\ncity of New York, the New York city department of health and mental\nhygiene, shall establish a certificate of still birth. The department,\nor in the city of New York, the New York city department of health and\nmental hygiene, shall issue a certificate of still birth upon the\nrequest of such parent or parents who experienced the still birth. If\nboth parents are deceased at the time of the still birth, the\ndepartment, or in the city of New York, the New York city department of\nhealth and mental hygiene shall issue the certificate to, and upon the\nrequest of, the lawful estate representative, the sibling, parent, or\nparents of the parents.\n 2. A certificate issued pursuant to this section shall include such\nappropriate information as shall be determined by the department or if\nthe stillbirth occurred in the city of New York, by the New York city\ndepartment of health and mental hygiene, and shall be on a form\nestablished by the department or New York city department of health and\nmental hygiene which is similar, as applicable, to the form of a\ncertificate prescribed by section forty-one hundred thirty of this\narticle relating to a live birth. The department, or in the city of New\nYork, the New York city department of health and mental hygiene, shall\nprovide for the submission of such form through electronic means.\n 3. The provider attending the still birth or such provider's designee\nshall inform the parents in writing, of the right to receive a\ncertificate of still birth. Provided, however that if both parents are\ndeceased at the time of such stillbirth, then the person shall so inform\nthe lawful estate representative, sibling, parent or parents of the\nparent or parents.\n 4. The person who prepares a request for a certificate pursuant to\nthis section shall include thereon the name given to the stillborn fetus\nby the parents, if the parent or parents wish to include such name on\nsuch certificate.\n 5. A certificate issued pursuant to this section shall not constitute\nproof of a live birth. Furthermore, such certificate shall not be used\nto calculate live birth statistics.\n 6. Notwithstanding any other provision of this chapter, the parent or\nparents may elect to have the disclosure of and access to the\ninformation included on such certificate limited to the parents named on\nthe certificate, their lawful representatives, to authorized personnel\nof the department, or, in the city of New York, personnel of the New\nYork city department of health and mental hygiene.\n 7. For the purposes of this section, the term "stillbirth" shall mean\nthe intrauterine death of a fetus that occurs after the clinical\nestimate of the twentieth week of gestation.\n 8. A certificate of still birth may be requested and issued regardless\nof the date on which the pregnancy loss certificate was issued.\n 9. The department, or in the city of New York, the New York city\ndepartment of health and mental hygiene shall not charge any fee for the\nissuance of a certificate under this section.\n 10. This section shall apply to the city of New York, notwithstanding\nsection forty-one hundred four of this article.\n