Florida Statutes 382.0085 – Stillbirth registration
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(1) For any stillborn child in this state, the department shall, within 60 days, issue a certificate of birth resulting in stillbirth upon the request of a parent named on a fetal death certificate.
(2) The person who is required to file a fetal death certificate under this chapter shall advise the parent of a stillborn child:
(a) That the parent may request the preparation of a certificate of birth resulting in stillbirth in addition to the fetal death certificate;
Terms Used In Florida Statutes 382.0085
- Certificate of birth resulting in stillbirth: means a certificate issued to record and memorialize the birth of a stillborn child. See Florida Statutes 382.002
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the Department of Health. See Florida Statutes 382.002
- Fetal death: means death prior to the complete expulsion or extraction of a product of human conception from its mother if the 20th week of gestation has been reached and the death is indicated by the fact that after such expulsion or extraction the fetus does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles. See Florida Statutes 382.002
- Live birth: means the complete expulsion or extraction of a product of human conception from its mother, irrespective of the duration of pregnancy, which, after such expulsion, breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, and definite movement of the voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached. See Florida Statutes 382.002
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Stillbirth: means an unintended, intrauterine fetal death after a gestational age of not less than 20 completed weeks. See Florida Statutes 382.002
- Vital statistics: means a system of registration, collection, preservation, amendment, and certification of vital records, the collection of other reports required by this act, and activities related thereto, including the tabulation, analysis, and publication of data obtained from vital records. See Florida Statutes 382.002
(b) That the parent may obtain a certificate of birth resulting in stillbirth by contacting the Office of Vital Statistics;
(c) How the parent may contact the Office of Vital Statistics to request a certificate of birth resulting in stillbirth; and
(d) That a copy of the original certificate of birth resulting in stillbirth is a document that is available as a public record when held by an agency as defined under s. 119.011(2).
(3) The request for a certificate of birth resulting in stillbirth must be on a form prescribed by the department by rule and include the date of the stillbirth and the county in which the stillbirth occurred. The request shall normally include the state file number of the fetal death report pursuant to s. 382.008.
(4) The certificate of birth resulting in stillbirth must contain:
(a) The date of the stillbirth.
(b) The county in which the stillbirth occurred.
(c) The name of the stillborn child as provided on the original or amended certificate of the fetal death report pursuant to s. 382.008. 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 Office of Vital Statistics shall fill in the certificate of birth resulting in stillbirth with the name “baby boy” or “baby girl” and the last name of the parents as provided in s. 382.013(3).
(d) The state file number of the corresponding certificate of fetal death.
(e) The following statement: “This certificate is not proof of live birth.”
(5) A certificate of birth resulting in stillbirth shall be a public record when held by an agency as defined under s. 119.011(2). The Office of Vital Statistics must inform any parent who requests a certificate of birth resulting in stillbirth that a copy of the document is available as a public record.
(6) A parent may request that the Office of Vital Statistics issue a certificate of birth resulting in stillbirth regardless of the date on which the certificate of fetal death was issued.
(7) It is final agency action, not subject to review under chapter 120, for the Office of Vital Statistics to refuse to issue a certificate to a person who is not a parent named on the fetal death certificate and who is not entitled to a certificate of birth resulting in stillbirth.
(8) The Office of Vital Statistics may not use a certificate of birth resulting in stillbirth to calculate live birth statistics.
(9) This section or s. 382.002(17) may 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.