Fetal Death Certificate

The legal definition of "Fetal death" means "death prior to the complete expulsion or extraction from its mother of a product of human conception of at least twenty weeks of gestation, which after such expulsion or extraction 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."

A Certificate of Stillbirth can be obtained from the state Office of Vital Statistics after the state office has registered the fetal death certificate.  The cost of the Certificate of Stillbirth is free.

Ohio Revised Code: § 3705.20. Fetal death certificate: A fetal death shall be registered on a fetal death certificate form. A fetal death which occurs in Ohio shall not be interred, deposited in a vault or tomb, cremated, or otherwise disposed of by a funeral director or other person until a fetal death certificate or provisional death certificate has been filed with and a burial permit is issued by the local registrar of vital statistics of the registration district in which the fetal death occurs, or the body is found. The department of health and the local registrar shall keep a separate record and index record of fetal death certificates.

The personal or statistical information on the fetal death certificate shall be obtained by the funeral director or other person in charge of interment or cremation from the best qualified persons or sources available.

Senate Bill 175 allows EITHER parent the ability to apply to file for a fetal death certificate at the local health department if the product of conception is less than 20 weeks.  In order to file for this certificate, the hospital/Dr.’s office/clinic must prepare a written statement of the facts.  The statement needs to include three important points:

·         Confirms the woman was pregnant and subsequently suffered a fetal demise of  less than 20 weeks gestation

·         The date of the miscarriage

·         The signature of a physician or coroner confirming the facts

Once the statement of fact is presented to the local health department, a fetal death certificate shall be prepared with the demographic information completed.  No signature from an attendant or certifier will be needed to file this document, however, the local registrar will need to sign, date, and file the certificate utilizing their current office policies.

Things to remember: 

• Either parent has up to 7 years to file a fetal death certificate for a fetal demise.  As long as a signed physician’s statement can be obtained, a delayed fetal death certificate shall be filed by the local health department.  No authorization from the state Office of Vital Statistics will need to be obtained in order to file a prior year under 20 weeks gestation fetal death certificate
• Only spontaneous terminations (miscarriages) less than 20 weeks gestation can be filed as a fetal death.  Induced terminations (abortions) under 20 weeks gestation shall not permitted to be filed as a fetal death
• A father of the child can also file for a fetal death certificate.  A notarized statement from the mother shall be provided at the time of application indicating that the mother voluntarily provided the father with a copy of the physician’s statement of facts
• A mother can elect to put father’s information on the record, even if she was not married at the time
• If fetal remains are to be buried or cremated, the funeral director must be issued a burial permit and pay the cost of $3.00.  There is no longer a waived fee for burial permits for any fetal deaths.

Last Updated: 6/11/09