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Stillbirth
SUPPORT
A8960 - Hyer-Spencer
Though statistics concerning the number of stillbirths are difficult to measure
accurately, it is widely accepted that there are 25,000 – 30,000 stillbirths annually in the United States.
A New York State Department of Health report indicates that in 2005 (the last year for which reporting is
available) there were 1,694 fetal deaths in New York State with gestation twenty weeks and over. In fact,
about one in every 200 pregnancies will result in the spontaneous death of the fetus at or beyond the 20th
week of gestation.
New York State Public Health Law mandates that a stillbirth, like any fetal death, “shall be considered as
a birth and as a death,” but unlike live births, there is no requirement that a birth certificate be issued
in the case of stillbirth. When the fetal death certificate is issued, the decedent’s name does not appear
on the certificate. The state records the legal death of the fetus, but never permits a legal recognition of
the stillborn birth.
The recognition of the stillborn’s existence is an important first step in the grieving process for parents
and other family members. This is why so many hospitals have adopted policies that allow the parents to hold
their stillborn child and even dress the stillborn for photographs. A certificate of birth resulting in stillbirth
would allow parents a tangible piece of evidence that acknowledges the life that they have loved and lost.
The bill specifically avoids referring to the fetus as an unborn child and uses language such as “naturally
occurring intrauterine death” so as to avoid any unintended consequences on a woman’s access to abortion.
Fifteen other states have already adopted similar legislation with no reports of any attempt to exploit the
law to advance a particular ideological agenda.
A8960 cleared the New York State Assembly Health Committee and is awaiting further action in the Assembly
Ways & Means Committee, while the companion bill in the Senate has already been approved. It is time the
State Assembly does what it can to help alleviate the grief parents of a stillborn child experience.
The Christian Voice In Albany
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