Position Statement – 2025
S.1807-A (Fernandez)/A.2311-A (Zaccaro)
Prohibits charging a fee for the issuance of a certificate of stillbirth or fetal death.
Support
The Women’s Bar Association of the State of New York (“WBASNY”) supports the passage of S.1807-A (Fernandez)/A.2311-A (Zaccaro), legislation that prohibits the imposition of a fee for a stillbirth child’s certificate of death.
In the United States, about 21,000 babies are stillborn each year. These are not just statistics, but 21,000 families who experience a profound loss. Approximately 1 in 175 births are stillborn; about the same number of babies who die during the first year of life.1 Women of all races, ethnicities, income levels, and ages experience stillbirths, though research studies show that non-Hispanic Black women experience stillbirths two times more often than non-Hispanic Asian or Pacific Islander and White women. When a stillbirth occurs, it is the state’s office of vital records, in this case, the New York State Department of Health that is authorized to issue certificates of stillbirth or pregnancy loss.
On March 21, 2012, Chapter 552 of 2011 went into effect, requiring the issuance of certificates of stillbirth to New York parents. The goal of this original legislation was to provide families suffering from the emotional trauma of the stillbirth loss of a child with a certificate acknowledging the loss, helping to ease the pain of parents and aid in the healing process. However, in effectuating this legislation, the New York State Department of Health and the New York City Department of Health were authorized to impose fees. These fees, $30 for a certificate from New York State and $15 for a certificate from New York City, plus a charge of $3 for each additional copy, may seem insignificant to some. But for families already dealing with the traumatic loss of a child, these fees create an additional wound and compound the trauma.
This legislation amends the public health law by prohibiting charges for the issuance of a certificate of stillbirth or fetal death. No parent desires to receive a certificate of stillbirth. But, this document is not just a piece of paper. It’s a recognition of life, an acknowledgment of their immense pain, and a way to remember their child. There should be no financial burden or barrier to this document.
This legislation will help comfort those experiencing unimaginable pain, in line with WBASNY’s mission to improve women’s lives across New York.
WBASNY’s more than 4,000 members from twenty (20) chapters across New York State are dedicated to making life better for all women and children, and in promoting the advancement of the status of women in society, of women in the legal profession, and to the fair and equitable administration of justice. Our members include individuals from all levels of state and federal benches, as well as prominent attorneys practicing in all areas of the law, educators, and government leaders.
WBASNY supports the passage of S.1807-A (Fernandez)/A.9896-A (Zaccaro).
1 https://www.cdc.gov/stillbirth/data-research/index.html#:~:text=Stillbirth%20affects%20about%201%20in,the%20first%20year%20of%20life.