You asked if Connecticut has ever considered legislation allowing for the issuance of a “stillborn birth certificate. ”

SUMMARY AND BACKGROUND

Legislation was proposed in 2005 that would have made birth certificate filing requirements applicable to stillborn infants. It did not pass.

Historically, states have simply issued certificates of death to parents of stillborn infants and required their remains to be buried or cremated. But parents began advocating for the option of obtaining a birth certificate in addition to the death certificate, since the mother did give birth. Bills started to be introduced in legislatures to allow for the issuance of specialized birth certificates to parents of stillborn children. Although the fetus is not alive when delivered, some states are recognizing the families' loss by offering them “Certificates of Birth, Resulting in Stillbirth. ”

In 2001, Arizona passed the first such law (called a “MISSing Angels” law) and this summer Rhode Island became the 20th state to do so (NCSL, “State Health Notes,” September 17, 2007). A typical bill defines a stillbirth as a naturally occurring death that happens after the 20^th week of pregnancy. Delivery may either be induced or occur naturally. Generally, parents of a stillborn fetus may request a “Certificate of Birth, Resulting in Stillbirth” from the states' vital records department. A nominal fee is also charged.

While Connecticut has not adopted such a law, the Department of Public Health (DPH), by policy, has been issuing a “Certificate of Stillbirth” through its State Vital Records Office for the past two to three years. Parents may apply for such a certificate, which costs $ 15. DPH terms this a “commemorative document. ”

CONNECTICUT

Legislation was introduced by Senator Prague in 2005 that would have amended CGS § 7-48 (birth certificates) “to make birth certificate filing requirements applicable to stillborn infants” (Proposed Bill 78). The bill was referred to the Public Health Committee but did not receive a public hearing.

But the Connecticut Department of Public Health (DPH), apparently by policy, will issue a “Certificate of Stillbirth” for a fetus that reached at least 20 weeks gestation and died before birth. DPH describes this certificate as a “commemorative document” acknowledging the stillbirth. Only the parent of the stillborn may request the certificate. The certificate records the name of the stillborn child if named, the date and place of the delivery, and the parents' names. It is also imprinted with the official state seal. The document, according to DPH, cannot be used to prove identity or for any other legal purpose.

The certificate is issued by DPH's Vital Records Office http: //www. ct. gov/dph. The parent must complete an “Application for Certificate of Stillbirth” (see attached) and pay a $ 15 fee. The applicant must also submit a valid government-issued I. D. to prove identity.

State law requires the registration of a fetal death and the filing of a fetal death certificate with the registrar of vital statistics in the same manner as required for a birth certificate. By law, delivery of a fetus that reached at least 20 weeks gestation in which there was no attempt at respiration, no heart action, and no voluntary muscle movement, must be recorded as a fetal death (CGS § 7-60).

A fetal death certificate must signed by a physician, or in the absence of one, by the chief medical examiner, deputy chief medical examiner, an associate medical examiner, or an authorized assistant medical examiner. PA 07-79, “An Act Concerning Vital Records,” allows a nurse midwife who delivers a fetus born dead to sign the fetal death certificate. It also allows a nurse midwife to certify to the date of delivery and sign the fetal death certificate, provided the fetal death was anticipated, in cases in which the nurse midwife delivers a dead fetus and no physician is present at delivery.

JK: tjo