Fetal death refers to the loss of a pregnancy before the fetus is fully delivered from the mother. After delivery, there are no signs of life, such as breathing, a heartbeat, movement of the umbilical cord, or voluntary muscle activity.
Fetal deaths occurring at 20 weeks of gestation or more are commonly referred to as stillbirths in the United States.
What Is a Fetal Death Certificate?
A fetal death certificate is a type of death certificate and a permanent legal record documenting the event of fetal death. Because it contains factual information about the death, it may be presented as evidence in court proceedings.
Depending on the state, parents may be issued a copy of the fetal death certificate automatically.
Reporting Requirements Across States
Every case of fetal death must be reported according to state law. While reporting requirements vary slightly by jurisdiction, most states follow these general guidelines:
- Most states require reporting of fetal deaths at 20 weeks of gestation or more, or when the fetus weighs 350 grams (approximately 12 ounces) or more in weight
- A few states require reporting of all fetal deaths regardless of gestational age
- Some states have different thresholds, such as 12 weeks, 16 weeks, or weight requirements of 500 grams
The Centers for Disease Control and Prevention's National Center for Health Statistics (NCHS) collects fetal death data from all 50 states, the District of Columbia, and New York City through the Vital Statistics Cooperative Program.
Certificate of Birth Resulting in Stillbirth
Many states now offer parents a certificate of birth resulting in stillbirth (CBRS), a commemorative document separate from the fetal death certificate.
This certificate recognizes the birth of a baby who was stillborn and provides parents with official documentation that honors this. States offering this certificate include:
- Minnesota (stillbirths at 20+ weeks; parents may qualify for a $2,000 tax credit)
- New York (stillbirths at 20+ weeks)
- Virginia (available through the Office of Vital Records)
- Utah, Pennsylvania, Florida, and many other states
Each state has different procedures for requesting this certificate. Some states offer specific forms, while others require written requests to the state's vital records office.
How Do Fetal Death Records Differ From Birth and Death Certificates?
It's important to understand the distinction between the vital records related to stillbirths:
- Fetal death certificate: the official medical and legal record filed with the state
- Certificate of birth resulting in stillbirth: a commemorative birth certificate (where available)
- Birth certificate: issued only for live births
- Death certificate: issued when a baby is born alive but dies shortly after If a baby is born living and then passes away, even moments later, both a birth certificate and a death certificate must be filed, not a fetal death certificate.
For information about obtaining fetal death certificates or certificates of birth resulting in stillbirth, contact your state's Office of Vital Records or the hospital where the delivery occurred.
