Section 31-10-33. Procedure for stillbirth

   (a) For any stillborn child in this state, the State Office of Vital Records shall, within 60 days of a request by a parent named on a fetal death certificate or other eligible person as provided for in subsection (h) of this Code section, issue a certificate of birth resulting in stillbirth.

(b) The person who is required to file a fetal death certificate under Code Section 31-10-18 shall advise the parent of a stillborn child:

   (1) That the parent may request the preparation of a certificate of birth resulting in stillbirth in addition to the fetal death certificate;

   (2) That the parent may obtain a certificate of birth resulting in stillbirth by contacting the State Office of Vital Records;

   (3) How the parent may contact the State Office of Vital Records to request a certificate of birth resulting in stillbirth; and

   (4) That a copy of the original certificate of birth resulting in stillbirth is a document that is available as a vital record when held by the state registrar system.

(c) The request for a certificate of birth resulting in stillbirth shall be on a form prescribed by the state registrar pursuant to Code Section 31-10-7.

(d) The certificate of birth resulting in stillbirth shall contain:

   (1) The date of the stillbirth;

   (2) The county in which the stillbirth occurred;

   (3) The name of the stillborn child as provided on the original or amended certificate of the fetal death certificate. If a name does not appear on the original or amended fetal death certificate and the requesting parent does not wish to provide a name, the State Office of Vital Records shall fill in the certificate of birth resulting in stillbirth with the name "baby boy" or "baby girl" and the last name of the parents;

   (4) The state file number of the corresponding fetal death certificate; and

   (5) The following statement: "This certificate is not proof of live birth."

(e) The certificate of birth resulting in stillbirth shall also contain:

   (1) Gender;

   (2) Place of delivery;

   (3) Residence of mother;

   (4) The attendant at delivery;

   (5) Gestational age at delivery;

   (6) Weight at delivery;

   (7) Mother's name;

   (8) Father's name;

   (9) Time of delivery; and

   (10) Type of delivery, including but not limited to single, twin, or triplet.

(f) A certificate of birth resulting in stillbirth shall be a vital record when held by the state registrar system. The State Office of Vital Records shall inform any parent who requests a certificate of birth resulting in stillbirth that a copy of the document is available as a vital record.

(g) A parent may request that the State Office of Vital Records issue a certificate of birth resulting in stillbirth regardless of the date on which the certificate of fetal death was issued.

(h) Those individuals who are entitled to request a certificate of birth resulting in stillbirth are:

   (1) Either parent of the stillborn child listed on the vital record;

   (2) A grandparent of the stillborn child;

   (3) An adult brother or sister of the stillborn child;

   (4) A legal representative of the parent; and

   (5) A court of competent jurisdiction.

(i) The State Office of Vital Records shall not use a certificate of birth resulting in stillbirth to calculate live birth statistics.

(j) This Code section shall not be used to establish, bring, or support a civil cause of action seeking damages against any person or entity for bodily injury, personal injury, or wrongful death for a stillbirth.

(k) The state registrar shall prescribe by rules pursuant to Code Section 31-10-5 the form, content, and process for the certificate of birth resulting in stillbirth.

Code 1981, § 31-10-33, enacted by Ga. L. 2008, p. 585, § 3/SB 381.