Birth and Death Certificates After a Stillbirth: What Parents Can Request

Paperwork after a loss can feel cruel: forms that ask for details when you’re barely functioning, and terms like “fetal death” that don’t match how you think of your baby. This guide explains which documents exist, which are optional, and how to request them. Everything here depends on state law, so we use Texas and California as worked examples and tell you what to ask in your own state.

What documents might there be?

There are three different kinds, and which applies depends on the loss.

1. A fetal death certificate (or report). The official legal record of a stillbirth, filed with the state. It’s usually prepared by the funeral director or the hospital.
2. A commemorative certificate for stillbirth. An optional record that many states let parents request, which acknowledges the baby’s birth and can include the baby’s name.
3. A birth certificate and a death certificate. These apply when a baby shows any sign of life after delivery, however briefly.

Which one applies to our baby?

A stillbirth at or above your state’s threshold. The CDC’s National Center for Health Statistics says most states require reporting of fetal deaths at 20 weeks or more of gestation, or at a birthweight of 350 grams or more, or some combination; the thresholds are set by state law and a few states require reporting earlier. The Texas Department of State Health Services (DSHS) uses 350 grams or, if the weight is unknown, 20 weeks or more. A fetal death certificate is filed in this case.

An earlier loss. Below the threshold, a fetal death certificate generally isn’t required. DSHS states that registration of a fetal death isn’t required in Texas if the weight is under 350 grams or, if weight is unknown, the gestation is under 20 completed weeks. That means that after many miscarriages there is no state certificate. What you can arrange for remains is a separate question; see our guide to burial, cremation, and funeral options after a miscarriage or stillbirth.

A baby born with signs of life. According to DSHS, if there are any signs of life after delivery, such as breathing, a heartbeat, pulsation of the umbilical cord, or definite movement of voluntary muscles, the event is a live birth. A birth certificate must be filed, even if the baby lives only a very short time, regardless of weight, gestation, or chances of survival, and if the baby dies after delivery a standard death certificate must also be filed. The CDC says all live births are reported in every state regardless of weight or gestational age. If you’re unsure how your baby’s delivery was recorded, ask your care team.

What is the fetal death certificate?

The Texas handbook describes it as a permanent legal record of the fact of death. It’s filed by the person in charge of disposition: the funeral director if arrangements are made through a funeral home, or the hospital if the baby has been surrendered to the hospital. In Texas it must be filed within five days. The baby’s name is optional and up to the parents; in Texas, the handbook says if the parents don’t provide a first or middle name those items are left blank, but a last name must be provided. The medical and health section of the certificate is confidential under Texas law and isn’t open to the public. In California, the health department says certified copies of fetal death certificates can be released to anyone who can provide enough information to identify the record.

What is the commemorative certificate?

Many states created one because, as the Texas Senate analysis of its 2005 bill put it, parents wanted recognition that a child was born. A U.S. State Department manual lists many states that issue a “Certificate of Birth Resulting in Stillbirth” or a “Certificate of Stillbirth,” while other jurisdictions provide only a fetal death certificate. The list changes, so check your state.

Texas. Under the Health and Safety Code, a stillbirth is an unintended fetal death in Texas at 20 completed weeks or more. The person required to file the fetal death certificate must tell parents that they may, but aren’t required to, request a Certificate of Birth Resulting in Stillbirth, and that they can obtain it by contacting the state’s vital statistics unit and paying a fee. A parent may provide a name for the baby on the request. The certificate includes the state file number of the corresponding fetal death certificate, isn’t used to calculate live birth statistics, and a parent may request it without regard to the date on which the fetal death certificate was issued, so you can ask later. DSHS calls it a commemorative certificate and says parents request it with its application (Form VS-301). Check DSHS for the current fee and form.

California. The California Department of Public Health says certified copies of “still birth certificates” are available to the mother or father only, and that, since January 1, 2008, only a parent can obtain one. The application instructions explain that still birth certificates are prepared from information on the registered fetal death certificate. Los Angeles County notes that a Certificate of Still Birth does not replace the Certificate of Fetal Death, that an application and fee are required, and that the county processes these requests only for one year from the date of the event, after which requests go to the state office. Time limits like that are one reason not to assume you can wait.

Other states. Names, thresholds, fees, forms, and who may apply differ. Contact your state’s vital records office (usually part of the health department) and ask what’s available.

Is the commemorative certificate legally the same as a birth certificate?

No. Texas law says it’s not used to calculate live birth statistics, and California’s county office says it doesn’t replace the fetal death certificate. It’s a recognition document. Many parents find it deeply meaningful; others don’t want one. The choice is yours.

What if I had an early miscarriage?

There usually isn’t a state certificate. Your hospital or a bereavement organization may offer a keepsake remembrance certificate, so it’s worth asking. A letter from your provider confirming the loss can still be useful, for example for your employer; the Department of Labor says that an employer may require medical certification when you request FMLA leave for a serious health condition, and that a diagnosis isn’t required. See our guide on taking time off after a pregnancy loss. If you’re looking for ways to mark the loss, see remembering a baby who was lost.

How do I request a certificate?

1. Ask who is filing. The funeral director or hospital usually prepares the fetal death certificate, and in states like Texas they’re required to tell you about the commemorative certificate
2. Decide on a name, if you’d like one on the record
3. Contact your state’s vital records office and ask which certificates are available, who may apply (often only a parent), the fee, the form, and any time limits
4. Apply in writing, keep a copy, and ask how long processing takes
5. Ask about corrections. If you want a name added or an error fixed later, ask the vital records office how amendments work, since rules vary

For other paperwork you may need if your baby was born alive and died, see getting death certificates.

What if the forms feel like too much?

It’s okay to ask someone you trust, or the hospital’s social worker or bereavement coordinator, to help you gather information and fill out forms. A funeral director also handles much of this paperwork. The main thing is to ask what’s optional and what has a deadline.

This is general educational information, not legal advice. Reporting thresholds, certificate names, eligibility, fees, forms, and time limits differ by state and change over time. Texas and California are used as worked examples only. Your state vital records office, hospital bereavement coordinator, or a funeral director can tell you what applies where you live.