N.Y. Public Health Law § 4160-a: Certificate of still birth

§ 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 shall not charge any fee for the

issuance of a certificate under this section.

10. This section shall apply to the city of New York, notwithstanding

section forty-one hundred four of this article.