PRIOR PRINTER'S NO. 1187 PRINTER'S NO. 2308
No. 1031 Session of 2005
INTRODUCED BY STURLA, BISHOP, BARRAR, BELFANTI, CALTAGIRONE,
DeLUCA, DeWEESE, GOODMAN, GRUCELA, HARHAI, HARRIS, HENNESSEY,
HERMAN, HERSHEY, HESS, HICKERNELL, JAMES, JOSEPHS, KIRKLAND,
KOTIK, LaGROTTA, MANN, MICOZZIE, MUNDY, NAILOR, PETRARCA,
PRESTON, REICHLEY, SOLOBAY, STABACK, THOMAS, TIGUE, TRUE,
WALKO, WASHINGTON, WATSON, YOUNGBLOOD, DENLINGER, PALLONE,
TANGRETTI AND MAHER, MARCH 21, 2005
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 22, 2005
AN ACT
1 Amending the act of June 29, 1953 (P.L.304, No.66), entitled "An
2 act providing for the administration of a statewide system of
3 vital statistics; prescribing the functions of the State
4 Department of Health, the State Advisory Health Board and
5 local registrars; imposing duties upon coroners,
6 prothonotaries, clerks of orphans' court, physicians,
7 midwives and other persons; requiring reports and
8 certificates for the registration of vital statistics;
9 regulating the disposition of dead bodies; limiting the
10 disclosure of records; prescribing the sufficiency of vital
11 statistics records as evidence; prescribing fees and
12 penalties; and revising and consolidating the laws relating
13 thereto," providing for certificate of birth resulting in <--
14 stillbirth.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. The act of June 29, 1953 (P.L.304, No.66), known
18 as the Vital Statistics Law of 1953, is amended by adding a
19 section to read:
20 Section 401.1. Certificate of Birth Resulting in Stillbirth; <--
21 Requirements.--(a) The department shall establish a certificate
1 of birth resulting in stillbirth for each fetal death occurring
2 in this Commonwealth after a gestational period of at least
3 twenty (20) weeks. This certificate shall be offered to the
4 parent or parents of a stillborn child.
5 (b) Upon application therefor and payment of a fee of two
6 dollars ($2), the department shall issue a certificate of birth
7 resulting in stillbirth to a parent of a stillborn child. The
8 certificate of birth resulting in stillbirth shall meet all of
9 the format and filing requirements of this act, relating to a
10 live birth.
11 (c) The person who prepares a certificate pursuant to this
12 section shall leave blank any references to the stillborn
13 child's name if the stillborn child's parent or parents do not
14 wish to provide a name for the stillborn child.
15 (d) The certificate of birth resulting in stillbirth shall
16 be filed with the designated registrar within three (3) days
17 following the delivery and prior to cremation or removal of the
18 fetus from the registration district.
19 (e) When a birth resulting in stillbirth occurring in this
20 Commonwealth has not been registered after the date of delivery,
21 a certificate marked "Delayed" may be filed and registered in
22 accordance with regulations of the department relating to
23 evidentiary and other requirements sufficient to substantiate
24 the alleged facts of birth resulting in stillbirth.
25 SECTION 801.2. CERTIFICATE OF STILLBIRTH.--UPON REQUEST FROM <--
26 THE MOTHER OR FATHER, A CERTIFICATE OF STILLBIRTH SHALL BE
27 ISSUED BY THE DEPARTMENT IN LIEU OF A CERTIFICATE OF FETAL DEATH
28 FOR ANY FETAL DEATH PREVIOUSLY FILED WITH THE DEPARTMENT. THE
29 FEE FOR ISSUANCE WILL BE THE SAME AS THE FEE FOR A DEATH
30 CERTIFICATE. THE MOTHER OR FATHER MAY, BUT SHALL NOT BE REQUIRED
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1 TO, PROVIDE THE NAME OF THE STILLBORN CHILD ON THE CERTIFICATE
2 OF STILLBIRTH.
3 Section 2. This act shall take effect in 60 days.
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