Legislation-mar-2

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We try very hard to keep this information current – however, if you are aware of any changes/updates in legislation, please bring it to our attention – [email protected]

Currently pending legislation

  • Missouri – Stillbirth Tax Credit Legislation
    • SB 1123 and HB 2770
    • See MO state link below for action items.
  • Hawaii  HB2462 – Certificate of Birth Resulting in Stillbirth
  • Illinois Vital Records Amendment
    • Amends the Vital Records Act. Provides that preparation of a certificate of stillbirth is required after a fetal death that occurs in this State after a gestation period of at least 20 (rather than 26) completed weeks.
  • Stillbirth Health Improvement and Education (SHINE) for Autumn Act
  • Maternal and Child Health Stillbirth Prevention Act of 2022
  • NICHD Appropriations Bill
    • In FY 2023, the Friends of NICHD will once again endorse the Ad Hoc Group for Medical Research funding recommendation of $49 billion for the National Institutes of Health (NIH) and call for $1.816 billion for the Eunice Kennedy Shriver National Institute of Child Health and Human Development (NICHD). Our recommendation would provide NICHD a proportionate amount of the $3.5 billion (7.9%) increase the Ad Hoc Group is requesting for the NIH base budget, which amounts to a $133 million increase over NICHD’s final FY 2022 funding level based on the omnibus spending bill signed into law in March. Please note that the Ad Hoc Group’s recommendation also incorporates funding for 21st Century Cures Act initiatives on top of the $3.5 billion increase for the NIH base.

The Legislation

Certificate of Stillbirth OR Certificate of Birth Resulting in Stillbirth

This effort was originally started by the MISS Foundation in an effort to have stillborn babies recognized.  We believe that currently most states have enacted this legislation.   

Although they are both worded very similarly, a “Certificate of Birth Resulting in Stillbirth” and a “Certificate of Stillbirth” are not the same thing. Legislators, Policy Analysts, and State Health Departments agree, there is a subtle, yet immense difference in the two. The M.I.S.S. Foundation believes that all states should record births as births… whether live or still.  The goal, for those states that offer a “Certificate of Stillbirth”, is to legislatively change the certificate to a “Certificate of Birth Resulting in Stillbirth” – which we view as a “BIRTH” certificate. 

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Stillbirth Tax Credit or Stillbirth Tax Deduction

Currently only a handful states have enacted legislation providing a stillbirth tax deduction/credit for stillbirth families.  This provides one time financial relief to the stillbirth parents to help offset the unanticipated expenses of funerals, burial, testing, therapy, etc.  Minnesota is currently the only state that provides a tax credit.  The others provide a tax deduction similar to the dependent child tax credit that can be claimed each year for living dependent children.

Alabama

Certificate of Birth Resulting in Stillbirth

Enacted: 2011

Effective Date: January 1, 2012.  Applicable for stillbirths occurring on or after  January 1, 2007.

Click for statute language:  Alabama-2011-SB429-Enrolled CBRS

Instructions:

1. Application form should be given to the family by the hospital for completion.
2. Only the parents listed on the Fetal Death Report (filed by hospital or mortuary) can request the CBRS application.
3. If no application was provided by the hospital:

  •  Parents can call the Vital Records Office to obtain the CBRS Application.  Applications can be picked up by or mailed to parents listed on the Fetal Death Report  (334-206-2714)  Application is not available online.

4. Applications and fee must be returned to the Office of Vital Statistics.

  • A Certificate of Birth Resulting in Stillbirth shall be issued within 60 days from the date of the request.

Reference:

Alabama Vital Statistics Law PDF

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Tax Credit Legislation

Alabama does not have legislation that provides tax credits to parents of stillborn babies.  Anyone interested in working on this issue in Alabama can contact Star Legacy Foundation for information.

Alaska

Certificate of Birth Resulting in Stillbirth

Enacted: 2018

Effective Date:  A certificate of birth resulting in stillbirth may be requested regardless of when the fetal death certificate was issued.

Click for statute language: AK Stat § 18.50.235 (2018)

(a) After a stillbirth occurs in the state, the person required to file a fetal death registration under AS 18.50.240

(b) shall advise the mother and, if the father is present, the father
     (1) that the parent may request the preparation of a certificate of birth resulting in stillbirth;

     (2) that the parent may obtain a certificate of birth resulting in stillbirth by contacting the bureau; and

     (3) of the contact information for the bureau.

(b) A parent who requests a certificate of birth resulting in stillbirth may provide a name for placement on the certificate. If a name is not provided, the bureau shall cause the certificate to show either “baby boy” or “baby girl,” as appropriate, and the last name of the parent who requested the certificate. The name provided on the certificate of birth resulting in stillbirth must be the same name as the name on the fetal death certificate.

(c) A certificate of birth resulting in stillbirth must include the state file number of the corresponding fetal death certificate.

(d) The department shall prescribe the form and content of a certificate of birth resulting in stillbirth to record the birth and specify the information required to prepare the certificate.

(e) A certificate issued under this section is not proof of a live birth, and the certificate must contain the phrase “not proof of live birth.” The bureau may not use a certificate of birth resulting in stillbirth to calculate live birth statistics.

(f) A parent may request that the bureau issue a certificate of birth resulting in stillbirth regardless of the date on which the certificate of fetal death was issued.

(g) The department may adopt regulations needed to implement this section.

(h) In this section,
     (1) “fetal death” has the meaning given in AS 18.50.950;

     (2) “stillbirth” means a fetal death that resulted in the issuance of a fetal death certificate under AS 18.50.240.

Reference:  AK Stat § 18.50.235 (2018) 

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Tax Credit Legislation

Alaska does not have legislation that provides tax credits or deductions to parents of stillborn babies.  Anyone interested in working on this issue in Alabama can contact Star Legacy Foundation for information  

Arizona

Certificate of Birth Resulting in Stillbirth

Enacted: 2001

Effective Date:  Available for stillbirths occurring on or after  January 1, 2013.

Click for statute language: Arizona HB2416

For more information:  Arizona Deputy Local Registrars at 602-506-6805.

Instructions:

Reference:

https://apps.azleg.gov/BillStatus/BillOverview/74964

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Tax Credit Legislation

Senate Bill 1003 (Chapter 214) Income Tax Exemption; Stillborn Children SB 1003 provides that a taxpayer is allowed an income tax exemption of $2,300 for each birth for which a certificate of birth resulting in stillbirth has been issued from the Arizona Department of Health Services if the child otherwise would have been a member of the taxpayer’s household. The taxpayer may claim the exemption in the year in which the stillbirth occurred. This act applies retroactively to taxable years beginning from and after December 31, 2003.

http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/legtext/46leg/2r/laws/0214.htm

Arkansas
Certificate of Birth Resulting in Stillbirth

Enacted: 3-27-2007

Effective Date: A certificate of birth resulting in stillbirth is available for all stillbirths in Arkansas without regard to whether the fetal death occurred on or before the effective date of this act.

Statute Language: SB398

Arkansas CBRS Application Form

Instructions:

  • Application form should be given to the family by the hospital for completion. If not provided download and use the application form above
  • Only the parents listed on the Fetal Death Report (filed by hospital or mortuary) can request the CBRS application.
  • Instructions on the application form should be used to request the Certificate of Birth Resulting in Stillbirth.

Reference:

https://www.arkleg.state.ar.us/Bills/Detail?id=SB398&ddBienniumSession=2007/R

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Tax Credit Legislation

Arkansas enacted Act 935 on 4-26-2021 for tax years beginning on or after January 1, 2021.  This act will provide $500  income tax credit against the income tax imposed in the amount of five hundred dollars ($500) for a stillborn child:

  • Who was in gestation for twenty (20) weeks or more;
  • For whom a certificate of birth resulting in stillbirth has
    been issued under § 20-18-410; and
  • Who would have been a dependent of the taxpayer during the taxable year the stillbirth occurred,
  • claimed by the taxpayer in a taxable year shall not exceed the amount of income tax due by the taxpayer. 

Consult your tax professional when filing your 2021 Arkansas State tax return. 

California

California

Certificate of Birth Resulting in Stillbirth

Enacted: October 13, 2007  Gov. Arnold Schwarzenegger signed the measure (SB 850) which allows parents of a stillborn to receive a certificate through a county office of vital records or the Department of Vital Statistics.

Effective Date: January 1, 2008.  

Click for statute language

Instructions:

Click for instructions to obtain certified copies of stillbirth and fetal death records

Click for Application for Certified Copy of Certificate of Still Birth

Reference:

https://codes.findlaw.com/ca/health-and-safety-code/hsc-sect-103040-1.html

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Tax Credit Legislation

California does not have legislation that provides tax credits to parents of stillborn babies.  Anyone interested in working on this issue in Alabama can contact Star Legacy Foundation for information.

Colorado

Colorado enacted legislation in 2004 providing for the issuance of a Certificate of Stillbirth effective July 1, 2004.  This legislation has since been revised in 2017 and again in 2018.  

The process to obtain this certificate is not clear.  We were advised by the office of vital statistics to fill out a Death Certificate request form and indicate on it that it is for a stillbirth.  

Legislation language –

Colorado Revised Statutes Title 25. Health § 25-2-112.3

(1) The state registrar shall create a certificate of stillbirth and shall furnish and distribute such form as necessary.  The state board of health shall promulgate rules necessary to implement this section.

(2)(a) A certificate of stillbirth shall be offered to a mother after the occurrence of any stillbirth.  If the mother decides to have a certificate of stillbirth filed, it shall be filed with the state registrar within three days after the stillbirth occurs and shall be registered by the state registrar if it has been completed and filed in accordance with the provisions of this section and section 25-2-112 .

(b) If the mother decides not to place a name on the certificate of stillbirth, the person preparing the certificate of stillbirth shall leave this option on the certificate blank.

(3) Notwithstanding the provisions set forth in subsection (2) of this section, if a certificate of stillbirth is not registered after one year from the date the stillbirth occurs, a certificate marked “Delayed” may be filed and registered in accordance with the provisions of section 25-2-114 .

Application form – be sure to write STILLBIRTH on the top of the form.

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Colorado has not enacted legislation providing for a Stillbirth Tax Credit/Deduction.  If you would like to work with us to promote this legislation, please let us know.

Conneticut

                                                                      CERTIFICATE OF BIRTH RESULTING IN STILLBIRTH

Enacted: 2011

Effective Date: 2001

Click for statute language:  Alabama-2011-SB429-Enrolled CBRS

Click for Application Form 

Instructions:

Fetal death certificates are not open to the general public. You must be eligible to receive a certified copy of a fetal death certificate. You are eligible if you meet one of the following criteria:

  • You are the parent or the grandparent
  • You are an attorney-at-law representing the parent
  • You are a member of an incorporated genealogical society authorized to conduct business in the State of Connecticut

If you are requesting a fetal death certificate and you are not a parent named on the certificate, you will need to submit proof verifying that you are eligible to obtain the fetal death certificate.

Checklist for Obtaining a Certified Copy of a Fetal Death Certificate

  • ☐ Make sure that you are eligible to obtain the fetal death certificate
  • Complete the application
  • Include your photo ID
  • Provide documentation proving that you are entitled to obtain the fetal death Certificate (applicable if the requester is not the parent listed on the fetal death certificate)
  • Include the applicable fee  

Reference

Connecticut Department of Public Health

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                                                                                TAX CREDIT LEGISLATION

On May 4, 2022 Connecticut General Assembly passed legislation that will provide a $2500 tax credit to families of stillborn children.  Check back as details develop regarding the process to claim this tax credit.  HB5103

The following was received from the State when we inquired about the process to claim the tax deduction:

The legislation is effective July 1, 2022 and applicable to taxable years commencing on or after January 1, 2022. This means that taxpayers can claim it on their 2022 individual income tax return. The return is not due until April of 2023, however, and revisions and updates to the tax forms and instructions normally take place in the Fall (of 2022 in this instance). We will have guidance on how to claim the credit when the forms are issued in December. We will most likely also include it in our “What’s new” section of tax year forms updates.

Ernest Adamo, Planning Specialist & Legislative Liaison - Department of Revenue Services

Delaware

              CERTIFICATE OF BIRTH RESULTING IN STILLBIRTH

Enacted: 2011

Effective Date: 2001

Click for statute language:  Alabama-2011-SB429-Enrolled CBRS

Click for Application Form 

Instructions:

Fetal death certificates are not open to the general public. You must be eligible to receive a certified copy of a fetal death certificate. You are eligible if you meet one of the following criteria:

  • You are the parent or the grandparent
  • You are an attorney-at-law representing the parent
  • You are a member of an incorporated genealogical society authorized to conduct business in the State of Connecticut

If you are requesting a fetal death certificate and you are not a parent named on the certificate, you will need to submit proof verifying that you are eligible to obtain the fetal death certificate.

Checklist for Obtaining a Certified Copy of a Fetal Death Certificate

  • ☐ Make sure that you are eligible to obtain the fetal death certificate
  • Complete the application
  • Include your photo ID
  • Provide documentation proving that you are entitled to obtain the fetal death Certificate (applicable if the requester is not the parent listed on the fetal death certificate)
  • Include the applicable fee  

Reference

Connecticut Department of Public Health

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                                                                                TAX CREDIT LEGISLATION

Connecticut does not have legislation that provides tax credits to parents of stillborn babies.  Anyone interested in working on this issue in Connecticut can contact Star Legacy Foundation for information.             

District of Columbia

        CERTIFICATE OF BIRTH RESULTING IN STILLBIRTH

Enacted: 2020 — Amended 3-16-2021

Effective Date: 6-16-2021

Click for statute language:

D.C. Law 23-214. Certificate of Stillbirth Amendment Act of 2020.

Instructions and forms have been requested from the DC Department of Health.

Reference

District of Columbia Department of Public Health

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                                                                                TAX CREDIT LEGISLATION

The District of Columbia does not have legislation that provides tax credits to parents of stillborn babies.  Anyone interested in working on this issue in the District of Columbia can contact Star Legacy Foundation for information.             

Florida

 CERTIFICATE OF BIRTH RESULTING IN STILLBIRTH

Enacted: 2006

Click for statute language

Informational Brochure & Application Form

For any stillborn child in Florida, the department will issue a Certificate of Birth Resulting in Stillbirth upon the request of a parent named on a fetal death certificate.  There must be a fetal death certificate on file with the Florida Office of Vital Statistics in order for a Certificate of Birth Resulting in Stillbirth to be prepared. The Certificate of Birth Resulting in Stillbirth is not proof of live birth and may not be used to establish identity.  Gestation must be 20 weeks or more.

The funeral director shall advise the parent(s) of a fetal death:

  • That they may request a Certificate of Birth Resulting in Stillbirth in addition to the fetal death certificate.
  • How to contact the Office of Vital Statistics to request such a certificate and that once a Certificate of Birth Resulting in Stillbirth has been issued, that stillbirth certificate becomes public record and it is not confidential.

Eligibility Requirements for Certification

The first request for a Certificate of Birth Resulting in Stillbirth must meet the eligibility requirements for the fetal death certificate which includes the confidential portions of the record. The named parent(s) must provide a written application and valid government issued photo identification, such as driver’s license, military ID, passport, state issued ID. This documentation is required to determine their eligibility in obtaining the fetal death certificate. A Florida Certificate of Fetal Death must be on file before the Certificate of Birth Resulting in Stillbirth certificate can be issued. Statute defines a fetal death as one in which the 20th week of gestation has been reached.

How to Apply

The fee for a certification of a Certificate of Birth Resulting in a Stillbirth is $9; additional copies are $4 each if ordered at the same time. Check or money order should be made payable to Vital Statistics and must be in U.S. dollars if an international order. Florida law imposes an additional
service charge of $15 for bank returned checks.

  • In Person:
    • Office of Vital Statistics
      1217 Pearl Street
      Jacksonville, FL 32202
      Hours of operation are Monday-Friday,
      8:00 am – 4:30 pm
  • By Mail
    • Complete the convenient order form inside this brochure.
    • If this is the initial request, the parent must include a copy of the applicant’s valid  government issued photo ID, such as driver’s license, passport, state or military issued ID.
    • The certification will be mailed within 7 – 10 days of receipt; same day service is not available for this request. RUSH service is provided for an additional $10. Your order will be processed within 3 work days of receipt. Please write RUSH on the outside of the envelope.
    • By Credit Card – if you wish to pay by credit card, you may use VitalChek, a private firm approved by the state to process all credit card orders. VitalChek charges a $5 processing fee plus the $10 RUSH fee as mentioned above.
    • For more VitalChek information:
      • Call 1 (877) 550-7330 OR Fax 1 (877) 550-7428 (Fax request must include a credit card number)
      • For return overnight service (e.g. FEDEX, DHL, US Postal Express) an additional service fee will be applied and applicant must provide a physical address; a P.O. Box will not be accepted.

Reference: Florida Department of Public Health

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                                                                                TAX CREDIT LEGISLATION

Florida does not have legislation that provides tax credits to parents of stillborn babies.  Anyone interested in working on this issue in Florida can contact Star Legacy Foundation for information. 

Georgia

Certificate of Birth Resulting in Stillbirth

Enacted: 2008

Click for statute language:   GA 33-10-33

Application Form

Instructions:

  • 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. 
  • 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:
    • That the parent may request the preparation of a certificate of birth resulting in stillbirth in addition to the fetal death certificate;
    • That the parent may obtain a certificate of birth resulting in stillbirth by contacting the State Office of Vital Records;
    • How the parent may contact the State Office of Vital Records to request a certificate of birth resulting in stillbirth; and
    • 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.
  • 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.
  • The certificate of birth resulting in stillbirth shall contain:
    • The date of the stillbirth;
    • The county in which the stillbirth occurred;
    • 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;
    • The state file number of the corresponding fetal death certificate; and
    • The following statement: “This certificate is not proof of live birth.”
  • The certificate of birth resulting in stillbirth shall also contain:
    • Gender;
    • Place of delivery;
    • Residence of mother;
    • The attendant at delivery;
    • Gestational age at delivery; Weight at delivery;
    • Mother’s name;
    • Father’s name;
    • Time of delivery; and
    • Type of delivery, including but not limited to single, twin, or triplet.
  • 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.
  • 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.
  • Those individuals who are entitled to request a certificate of birth resulting in stillbirth are:
    • Either parent of the stillborn child listed on the vital record;
    • A grandparent of the stillborn child;
    • An adult brother or sister of the stillborn child;
    • A legal representative of the parent; and
    • A court of competent jurisdiction.

Reference: Georgia Department of Vital Statistics

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Tax Credit Legislation

Georgia does not have legislation that provides tax credits to parents of stillborn babies.  Anyone interested in working on this issue in Georgia can contact Star Legacy Foundation for information.

Hawaii

CERTIFICATE OF BIRTH RESULTING IN STILLBIRTH

Certificate of Birth Resulting in Stillbirth legislation is currently pending:  Current Status Here

 

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TAX CREDIT LEGISLATION

Hawaii has not passed any tax credit legislation.

Idaho

Certificate of Birth Resulting in Stillbirth

Enacted: 2002 – Title 39; Chapter 2  (39-260)

Effective Date: Available for births from July 1, 1911 to present.

Click for statute language:  

  • A stillbirth certificate is filed for stillborn children who are at least 20 weeks gestation or weigh at least 350 grams. 
  • A miscarriage certificate may be filed upon the request of a parent if the miscarriage has been certified by a physician. 
  • In Idaho, death, stillbirth, and miscarriage certificates are legally confidential for 50 years.

Instructions:

  • Only immediate family members, their legal representative, or those who can provide documentation showing it is needed for their property right may order legally confidential certificates.  
  • The department’s Bureau of Vital Records and Health Statistics does not have a public counter. All requests for certified copies of certificates must be submitted online or by mail.

BY MAIL:

Requests for certified copies can be mailed directly to the Idaho Bureau of Vital Records.

PLEASE CHECK YOUR ORDER CAREFULLY BEFORE MAILING. Orders with unsigned payments, unsigned applications, or incomplete copies of identification that do not clearly show the signature and expiration date will not be processed. A letter will be sent asking for the missing information which will double the processing time. 

The request must contain:

    • A completed English Certificate Request Form or Spanish Certificate Request Form (or send a signed letter containing all the necessary information)
    • A photocopy of your current driver’s license that shows your completed signature and expiration date, or other acceptable identification
    • A signed check or money order, for the certificate fee, made out to Idaho Vital Records
      • Mail these three items to:Idaho Bureau of Vital Records and Health Statistics
        PO Box 83720
        Boise, ID 83720-0036

Please see Processing Times and Fees section for RUSH processing options.

WE CANNOT ADD RUSH SERVICE TO AN EXISTING ORDER. If you need the certificate faster than the non-RUSH time frames stated here, add RUSH service before submitting your order. If you have already submitted your order, you may choose to submit another RUSH order for the certificate online. We are unable to cancel unprocessed orders for certificates.

BY ONLINE REQUEST:

Online orders are processed through VitalChek

VitalChek Network, Inc. is an independent company that we have partnered with to provide credit card and online orders. All major credit cards are accepted. You may be asked to fax some identification information to VitalChek to complete your request. Additional Fees are charged by VitalChek for using this service. 

Please see Processing Times and Fees section for RUSH processing options.

WE CANNOT ADD RUSH SERVICE TO AN EXISTING ORDER. If you need the certificate faster than the non-RUSH time frames stated here, add RUSH service before submitting your order. If you have already submitted your order, you may choose to submit another RUSH order for the certificate online. We are unable to cancel unprocessed orders for certificates.

Your certificate order will be mailed to you through the United States Postal Service (USPS). USPS will not deliver mail from our office to the address you provide unless you are registered with them as a resident. If you prefer delivery from another carrier, please provide a postage paid self-addressed shipping envelope from the carrier of your choice. 

Reference:  https://healthandwelfare.idaho.gov/services-programs/birth-marriage-death-records/about-death-stillbirth-and-miscarriage-records 

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Tax Credit Legislation

Idaho does not have legislation that provides tax credits to parents of stillborn babies.  Anyone interested in working on this issue in Idaho can contact Star Legacy Foundation for information.  

Illinois

Certificate of Birth Resulting in Stillbirth

Currently Pending: 

  • Illinois Vital Records Amendment – Amends the Vital Records Act. Provides that preparation of a certificate of stillbirth is required after a fetal death that occurs in this State after a gestation period of at least 20 (rather than 26) completed weeks.

Enacted

Effective Date 

Click for statute language:  (410 ILCS 535/) Vital Records Act.

Illinois Statutes Chapter 410. Public Health §.5.Certificate of stillbirth

Instructions:

  • Application 
  • Mail Illinois Department of Public Health
    Division of Vital Records
    925 E. Ridgely Ave-2737.
    Springfield, Illinois 62702

    Submit check or money order payable to IDPH

    $10 – certified copy with the following items: name, date of birth, sex, place of birth, mother/co-parent’s maiden name, mother/co-parent’s place of birth, mother/co-parent’s age, father/co-parent’s name, father/co-parent’s place of birth, father/co-parent’s age, file date, date issued and State File number

    $15 – certified copy with information collected at time of birth (information has varied throughout the years)

    $2 each additional copy

    $10 – genealogical copy

    Fax 217-523-2648

    A major credit card is required.

    $15 – form certified copy with all information collected at time of birth (information has varied throughout the years)

    $2 – each additional copy
    $12.95 – handling fee
    $3 – each additional person in a group order
    $19.50 – UPS fee if selected (U.S. only); additional fee (outside the U.S.)

    Online To order online, see RESOURCES in the right-hand column and click on VitalChek Network.

    A major credit card is required.

    $15 – certified copy with all information collected at time of birth (information has varied throughout the years)

    $2 – each additional copy
    $12.95 – handling fee
    $3 – each additional person in a group order
    $19.50 – UPS fee if selected (U.S. only); additional fee (outside the U.S.)

    In person Monday – Friday from 10 a.m. to 3 p.m.

    Illinois Department of Public Health
    Division of Vital Records
    925 E. Ridgely Ave.
    Springfield, Illinois 62702-2737

    Exact cash, personal check, money order, or debit/credit card (except Visa credit card) is accepted.

    $10 – certified copy with the following items: name, date of birth, sex, place of birth, mother/co-parent’s maiden name, mother/co-parent’s place of birth, mother/co-parent’s age, father/co-parent’s name, father/co-parent’s place of birth, father/co-parent’s age, file date, date issued and State File number

    $15 – certified copy with all information collected at time of birth (information has varied throughout the years)

    $2 each additional copy

    $10 – genealogical copy

Reference:  https://dph.illinois.gov/topics-services/birth-death-other-records/birth-records/obtain-birth-certificate.html

 

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Tax Credit Legislation

Illinois does not have legislation that provides tax credits to parents of stillborn babies.  Anyone interested in working on this issue in Illinois can contact Star Legacy Foundation for information.

 

Indiana

Certificate of Birth Resulting in Stillbirth

Enacted: 2017

Effective Date: 

Click for statute language

Instructions:

All requests require proper identification. Requests sent without proper identification or documentation will be returned without being processed. Documentation for birth requests includes proof of relationship or direct interest to the person named on the record. Documentation for death requests includes proof of relationship or direct interest, or proof of legal interest to the person named on the record.

Check Eligibility, Required Identification and Documentation Here

Order Online

Customers may choose between two sources to purchase birth and death certificates online. Both offer the option of expedited shipping and allow for payment utilizing a credit card. For more details, CLICK ON either of the icons below. The Indiana State Department of Health supports both reputable entities as options for a convenient way to purchase your vital information online.

To apply for a birth certificate by mail and pay by check or money order:

Please print State Form 49607, Application for Search and Certified Copy of Birth Record.

The form includes applicable fees, identification requirements, and mailing address. The cost for the first certificate is $10.00 and $4.00 for each additional copy. Please make checks payable to Indiana State Department of Health. Average Processing Time is 8-12 weeks following receipt of application.

To apply for a death certificate by mail and pay by check or money order:

Please print State Form 49606, Application for Search of Certified or Non-Certified Copy of a Death Record.

The form includes applicable fees, identification requirements, and mailing address. The cost for the first certificate is $10.00 and $4.00 for each additional copy. Please make checks payable to Indiana State Department of Health. Average Processing Time is 8-12 weeks following receipt of application.

Order by Phone

To order a birth or death certificate by phone and pay with a credit card, please call (866) 601-0891.

This is a toll-free number that is available 24 hours a day, 7 days a week to place certificate orders and provide customer service support through a reputable third party company.

Order at a Local Health Department

To purchase a birth or death certificate in person, please visit the Local Health Department where the birth or death occurred. Locations and contact information for all Local Health Departments in Indiana are available online.

Fayette County
*offers a CBRS at NO CHARGE
Address: 401 North Central Avenue, #8, Connersville, Indiana 47331
Phone: (765)825-4013
Hours: Monday through Friday, 8:30 AM to 4:00 PM
Items to bring with you: valid driver’s license and death certificate

Randolph County
*offers a CBRS for $12
Address: 325 South Oak Street, #202, Winchester, Indiana 47394
Phone: (765)584-1155
Hours: Monday through Friday, 8:00 AM to 4:00 PM
Items to bring with you: valid driver’s license and death certificate

Union County
*offers a CBRS at NO CHARGE
Address: 6 West South Street, #2, Liberty, Indiana 47353
Phone: (765)458-5393
Hours: Monday through Friday, 8:00 AM to 4:00 PM
Items to bring with you: valid driver’s license and death certificate

Wayne County
*offers a CBRS at NO CHARGE
Address: 201 East Main Street, Richmond, Indiana 47374
Phone: (765)973-9345
Hours: Monday through Friday, 8:00 AM to 5:00 PM
Items to bring with you: valid driver’s license and death certificate

Reference:  https://www.lawserver.com/law/state/indiana/in-code/indiana_code_16-37-1-8-5

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Tax Credit Legislation

Indiana does not have legislation that provides tax credits to parents of stillborn babies.  Anyone interested in working on this issue in Indiana can contact Star Legacy Foundation for information. 

Iowa

Certificate of Birth Resulting in Stillbirth

Enacted: 3/26/2012

Click for statute language

Instructions:

On March 26, 2012, the Governor of Iowa signed into law H.F. 2368, an act providing for the issuance of a “Certificate of Birth Resulting in Stillbirth.” The new certificate is to be based on the Certificate of Fetal Death, which is filed directly with the state registrar and not on file at the County Recorder’s office.

The Act is effective upon enactment; however, the Bureau of Vital Records has not had sufficient administrative time to adopt rules per the section.

The section specifies the following:

  1. The person required to file the Certificate of Fetal Death shall advise any parent named on the fetal death certificate that the parent may request a “Certificate of Birth Resulting in Stillbirth” after the fetal death certificate has been filed.
  2. A Certificate of Fetal Death must have been filed with the state registrar of vital statistics (regardless of the date of the delivery).
  3. Only a parent named on the Certificate of Fetal Death may apply for the new certificate.
  4. The “Certificate of Birth Resulting in Stillbirth” shall contain a statement that the certificate is not proof of live birth.

As always, parents may request a certified copy of the Certificate of Fetal Death from the state vital records office after it has been properly registered. The application process and fees are the same as requesting a certificate of birth, death, or marriage. Applications require authentication of identity, proof of entitlement, and a $15 fee. These certificates are issued on certified security paper, contain demographic and cause of death information, and are valid for legal purposes. Parents may request the “Certificate of Birth Resulting in Stillbirth” following the same processes as for any other vital record; however, the “Certificate of Birth Resulting in Stillbirth” will not be issued on certified security paper since it is not valid for legal purposes. Applications must be made in writing or in person at that State vital records office on the Capitol Complex in Des Moines (i.e., the credit card line is not set up yet to accept this particular certificate).

The formal application form for Death has been revised to include checkboxes for the Certificate of Fetal Death as well as the Certificate of Birth Resulting in Stillbirth. It is available on the Department website http://www.idph.state.ia.us. Click on “Birth, Death and Marriage Certificates” under Popular Links and then the appropriate “How to Request a Certified Record. . . “ under the Vital Records heading to be taken to the page where the application forms are listed and can be printed to paper. 

Instead of the formal application form, parents may write out their request for the new certificate, stating the name of the stillborn if named, date of delivery, place of delivery, and the name of the mother and father, if one is listed. 

Applicants must specify which type of certificate is being requested. The parent must date and sign the request in front of a Notary Public and include a photocopy of their valid, government-issued photo identification (e.g., driver’s license). The fee is $15 for each certificate, in check or money order, made payable to the Iowa Department of Public Health.

Reference:  https://idph.iowa.gov/health-statistics

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Tax Credit Legislation

Iowa does not have legislation that provides tax credits to parents of stillborn babies.  Anyone interested in working on this issue in Iowa can contact Star Legacy Foundation for information. 

Kansas

Certificate of Birth Resulting in Stillbirth

Senate bill 95 was introduced in 2013 but died in committee.  A copy of the legislation as introduced can be found by using the link below.

Anyone interested in working with Star Legacy Foundation to reintroduce legislation to provide a Certificate of Birth Resulting in Stillbirth in Kansas – please contact us!

Reference:  http://kslegislature.org/li_2014/b2013_14/measures/sb95/

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Tax Credit Legislation

Kansas does not have legislation that provides tax credits to parents of stillborn babies.  Anyone interested in working on this issue in Kansas can contact Star Legacy Foundation for information. 

Kentucky

Certificate of Birth Resulting in Stillbirth

Enacted: House Bill 84

Effective Date:

Amended in 2020: Amend KRS 213.096 to permit either parent to file an application for a certificate of birth resulting in stillbirth for any fetal death reported; require the state registrar to issue a certificate of birth resulting in stillbirth upon completion of an application; require the certificate of birth resulting in stillbirth to clearly indicate that it is not proof of a live birth and that it does not replace the requirement to file a report of fetal death; require that the certificate of birth resulting in stillbirth not be a proof of a live birth for tax purposes.

Click for statute language: https://apps.legislature.ky.gov/recorddocuments/bill/20RS/hb84/orig_bill.pdf

Instructions:

Application

The Office of Vital Statistics (OVS) offers in-person service to the public. All requests and orders are worked in the order received. Unexpected delays may occur that prevent same-day service. OVS offers other reliable ways to order certified birth, death, marriage, divorce and stillbirth records.

Placing orders through VitalChek (includes next-day service), mail-in orders, the OVS on-site drop box and KY-EDRS (registered funeral homes only) are other available options.

Address mail-in orders to:

Office of Vital Statistics
275 East Main Street, 1 E-A
Frankfort, KY 40621

The OVS order drop box is located at the visitor entrance of the CHR Building at 275 E. Main St., Frankfort, KY 40621. Applications are located at the drop box.

For more information about ordering certificates using the OVS drop box please see the Certificate Purchase Options page.

Submit online orders through our only authorized vendor, VitalChek.

Call toll free (800) 241-8322

The Office of Vital Statistics will provide updates as situations change. Thank you for your patience.

Reference:  https://apps.legislature.ky.gov/record/20rs/HB84.html

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Tax Credit Legislation

Kentucky does not have legislation that provides tax credits to parents of stillborn babies.  Anyone interested in working on this issue in Kentucky can contact Star Legacy Foundation for information. 

Lousiana

Certificate of Birth Resulting in Stillbirth

Enacted: 2003 “Missing Angels Act”

In 2003, the Louisiana Legislature enacted the “Missing Angels Act,” which established a new commemorative certificate entitled the ‘Certificate of Birth Resulting in Stillbirth.’

Effective Date: 

Statute language: LA Rev Stat § 40:92 (2021)

2021 Louisiana Laws
Revised Statutes
Title 40 – Public Health and Safety
§92. Certificate of stillbirth; requirements

Universal Citation: LA Rev Stat § 40:92 (2021)

RS 92 – Certificate of stillbirth; requirements

A.(1) In addition to the requirements in R.S. 40:47 and 49, the state registrar shall establish a certificate of stillbirth on a form approved by the state registrar for each spontaneous fetal death which occurs in this state after twenty complete weeks of gestation or more, calculated from the date the last normal menstrual period began to the date of delivery, or a weight of three hundred fifty grams or more; and for each instance of spontaneous fetal death when a parent of a stillborn child requests a certificate of stillbirth.

(2) The certificate established pursuant to this Section shall be provided by the vital records registry upon the request of the parent or parents of a stillborn child.

B. The certificate of stillbirth shall be identified as a certificate of birth resulting in stillbirth and shall contain the following information:

(1) The name of the child who shall be identified as deceased, or if the child is not named, the preparer shall include the sex of the child who shall be identified as deceased.

(2) The date and location of the stillbirth.

(3) The name of the mother and the father if the father’s name is available.

(4) The certificate of stillbirth shall clearly indicate that it is not proof of a live birth.

C. One copy of the certificate of birth resulting in stillbirth shall be provided by the vital records registry at no cost upon request. Additional copies shall be subject to the same fees as a certificate of live birth as provided in R.S. 40:40.

Acts 2003, No. 591, §1; Acts 2019, No. 100, §1.

Instructions: 

Certified copies of a Certificate of Birth Resulting in Stillbirth can be requested by the parent or parents listed on the record. Please view the list of acceptable identification documents prior to placing your order.

The first certified copy of a Certificate of Birth Resulting in Stillbirth is complimentary and can be obtained through the Vital Records Central Office after submitting an application. Additional copies can be purchased for $15.

Reference:  https://ldh.la.gov/page/637

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Tax Credit Legislation

On June 30, 2021, Governor Edwards signed HB 146 into law as Act 467, which establishes an income tax credit following the delivery of a stillborn child! Thank you to Rep. Stephanie Hilferty and the Louisiana legislature for the courage to bring this bill forth and for the courage & compassion of the family advocates.

52. Stillborn Child
A refundable credit of $2,000 is allowed for taxpayers who have undergone delivery of a stillborn child. A “stillborn child” is a child that meets the requirements set forth in R.S.
47:297.19(B). Taxpayers must be a resident and will claim the credit on their return for the taxable year in which the stillbirth occurred.
Legal Citation – R.S. 47:297.19

Effective Date: Taxable periods beginning on or after January 1, 2012 

§297.19. Tax credit; stillborn child

            A. There shall be allowed a credit against the tax imposed by this Chapter for an individual who delivers a stillborn child. In order to qualify for the credit, the individual claiming the tax credit shall be a Louisiana taxpayer. The amount of the credit shall be equal to two thousand dollars and shall be claimed in the year in which the stillbirth occurred.

            B. For purposes of this Section, the term “stillborn child” shall mean a child for whom all of the following apply:

            (1) The child suffered spontaneous fetal death.

            (2) The child reached no less than twenty complete weeks of gestation calculated from the date the mother’s last normal menstrual period began to the date of delivery, or weighed no less than three hundred fifty grams.

            (3) The death of the child required the issuance of a spontaneous fetal death certificate in accordance with the requirements of R.S. 40:49.

            (4) The death of the child was not the result of an induced termination of the pregnancy.

            C. If the amount of the credit authorized pursuant to the provisions of this Section exceeds the amount of the taxpayer’s tax liability for the taxable year, the excess tax credit amount shall constitute an overpayment as defined in R.S. 47:1621(A), and the secretary shall make a refund of the overpayment from the current collections of the taxes imposed pursuant to this Chapter. The right to a refund shall not be subject to the requirements of R.S. 47:1621(B).

            Acts 2021, No. 467, §1, eff. Jan. 1, 2022.

Maine

Certificate of Birth Resulting in Stillbirth

§2761-C. Certificate of birth resulting in stillbirth

Upon request of a parent, in the event of an unintentional intrauterine death of a fetus of 20 or more weeks of gestation, the department shall issue a certificate of birth resulting in stillbirth bearing the official seal of the State. The certificate must be based upon information drawn from a previously filed certificate of fetal death under section 2841.   [PL 2009, c. 311, §1 (NEW).]

SECTION HISTORY

PL 2009, c. 311, §1 (NEW).

 

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Tax Credit Legislation

Maine does not have legislation that provides tax credits to parents of stillborn babies.  Anyone interested in working on this issue in Alabama can contact Star Legacy Foundation for information. 

Maryland

Certificate of Birth Resulting in Stillbirth

  • The Certificate of Birth Resulting in Stillbirth is issued upon request of the parent or parents of a stillborn child for whom a fetal death was registered in the State of Maryland.
  • The parent or parents requesting a Certificate of Birth Resulting in Stillbirth must be named on the registered fetal death certificate.
  • If the parent or parents do not wish to provide a first name for the stillborn child, and the child was not named on the fetal death certificate, no first name will appear on the Certificate of Birth Resulting in Stillbirth.
  • If the parent or parents wish to include a name for the child on the Certificate of Birth Resulting in Stillbirth that does not appear on the fetal death certificate, or amend the name on the fetal death certificate, the parent or parents must follow the procedure for additions and amendments
    to a name on a birth certificate. Further information on adding or amending a name may be obtained by calling the Division of Vital Records at 410-764-3036.
  • There is a fee of $12.00 for each certified copy of a certificate. A check or money order should be made payable to the Division of Vital Records.
  • Valid government-issued photo ID (state issued driver’s license, non-driver photo ID, passport).  If you do not have a government-issued photo ID, please enclose two of the following: Utility bill, car registration form, pay stub, bank statement, copy of income tax return/W-2 form, or
    lease/rental agreement. Please submit photocopies since these documents will not be returned to you.
  • The attached APPLICATION FOR MARYLAND CERTIFICATE OF BIRTH RESULTING IN STILLBIRTH , required identification, and fee should be mailed to the following address:
    • Division of Vital Records
      P.O. Box 68760
      Baltimore, Maryland 21215-0036
  • You will receive your child’s Certificate of Birth Resulting in Stillbirth within 30 days of receipt of your application.

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Tax Credit Legislation

Maryland does not have legislation that provides tax credits to parents of stillborn babies.  Anyone interested in working on this issue can contact Star Legacy Foundation for information. 

Massaschuttes

Certificate of Birth Resulting in Stillbirth

Section 11/2: Certificates of birth resulting in stillbirth; filing

Section 11/2. The state registrar shall establish a certificate of birth resulting in stillbirth for fetal deaths, as defined in section 202 of chapter 111, occurring in the commonwealth after a gestational period of 20 weeks or more. The certificate shall be issued only at the request of either individual listed as mother or father on the report of fetal death. The certificate of birth resulting in stillbirth shall meet all of the format requirements for a certificate of live birth as provided in this chapter and in section 4 of chapter 17. If the parents of the stillborn child decide not to name the stillborn child, the person preparing a certificate of birth resulting in stillbirth shall leave blank any references to the stillborn child’s name.

The certificate of birth resulting in stillbirth shall be filed with the state registrar within 10 days after the delivery. When a birth resulting in stillbirth occurring in the commonwealth has not been registered within 1 year after the date of delivery, a certificate marked ”delayed” may be filed and registered in accordance with regulations of the department of public health relating to evidentiary and other requirements sufficient to substantiate the alleged facts of birth resulting in stillbirth.

Reference:  https://malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter46/Section11~2

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Tax Credit Legislation

Massaschuttes does not have legislation that provides tax credits to parents of stillborn babies.  Anyone interested in working on this issue can contact Star Legacy Foundation for information.  

Michigan

Certificate of Birth Resulting in Stillbirth

The Michigan Vital Records office issues certificates of stillbirth that occurred in Michigan with information filed after June 1, 2003 with the state. Michigan law limits who can receive a certified copy of a Michigan Certificate of Stillbirth to the parent named on the certificate or a court of competent jurisdiction (court order required).

Effective Date: June 1, 2003 

Click for statute language:  

Instructions:  

Application – Certificate of Stillbirth

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Tax Credit Legislation

P.A. 589 0f 2018
H.B. 4522 – Rep. Mary Whiteford

Current Status

Governor Rick Snyder signed H.B. 4522, on December 28, 2018, making the bill Public Act 589. It took effect on March 29, 2019.

Description

This bill enables families that experience a stillbirth after 20 weeks to claim a child deduction on their state income taxes in the year of the stillbirth. This is intended to help families cover the costs of prenatal care or the funeral arrangements incurred. This cannot take away the grief for the loss of the child, however it can help ease the financial burdens of the stillbirth.

Minnesota

  • Certificate of Birth Resulting in Stillbirth

Enacted:  Amended 2021

Effective Date: 

Statute language:

144.222 REPORTS OF FETAL OR INFANT DEATH.

Subdivision 1.Fetal death report required.  

A fetal death report must be filed within five days of the death of a fetus for whom 20 or more weeks of gestation have elapsed, except for abortions defined under section 145.4241. A fetal death report must be prepared in a format prescribed by the state registrar and filed in accordance with Minnesota Rules, parts 4601.0100 to 4601.2600 by:

(1) a person in charge of an institution or that person’s authorized designee if a fetus is delivered in the institution or en route to the institution;

(2) a physician, certified nurse midwife, or other licensed medical personnel in attendance at or immediately after the delivery if a fetus is delivered outside an institution; or

(3) a parent or other person in charge of the disposition of the remains if a fetal death occurred without medical attendance at or immediately after the delivery.    

Instructions: The Office of Vital Records issues Certificates of Birth Resulting in Stillbirth for fetal deaths of 20 weeks or more gestation. Authority: Minnesota Statutes, section 144.22.   Only the Office of Vital Records (OVR) sells Certificates of Birth Resulting in Stillbirth.

To request and buy a Certificate of Birth Resulting in Stillbirth, you must: 

  • Be a parent named on the fetal death report 
  • Fill in the Certificate of Birth Resulting in Stillbirth (PDF) application
  • Show lawful identification and, sign and date the application in front of a notary public
  • Send your application and fees to the Office of Vital Records

OVR does not have a service desk; we accept application forms by fax or mail (postal service). We return request forms that are incomplete or not signed in front of a notary public. If your fees do not cover the services you asked for, OVR will return your request.

Reference:  144.222 REPORTS OF FETAL OR INFANT DEATH.

Subdivision 1.Fetal death report required.

A fetal death report must be filed within five days of the death of a fetus for whom 20 or more weeks of gestation have elapsed, except for abortions defined under section 145.4241. A fetal death report must be prepared in a format prescribed by the state registrar and filed in accordance with Minnesota Rules, parts 4601.0100 to 4601.2600 by:

(1) a person in charge of an institution or that person’s authorized designee if a fetus is delivered in the institution or en route to the institution;

(2) a physician, certified nurse midwife, or other licensed medical personnel in attendance at or immediately after the delivery if a fetus is delivered outside an institution; or

(3) a parent or other person in charge of the disposition of the remains if a fetal death occurred without medical attendance at or immediately after the delivery. 

History:  1978 c 699 s 111984 c 637 s 21Sp2001 c 9 art 15 s 202002 c 379 art 1 s 1132005 c 60 s 3

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Tax Credit Legislation

 MN Stillbirth Tax Credit Fact Sheet

Parents who gave birth to a stillborn child in Minnesota may be eligible for an income tax credit up to $2,000. You are eligible to claim the Credit for Parents of Stillborn Children if all of these apply:

  • You experienced the birth of a stillborn child in Minnesota 
  • You received a Certificate of Birth Resulting in Stillbirth from Minnesota 
  • The child would have been your dependent if they had been born alive

Part-year residents and nonresidents may also qualify for this credit if they meet these requirements. The credit would be based on their percentage of income allocated to Minnesota.

What is a Certificate of Birth Resulting in Stillbirth?

A Certificate of Birth Resulting in Stillbirth is a legal document issued by the Minnesota Department of Health, Office of Vital Records based on information reported on a fetal death report.

What is a Fetal Death Report?

A fetal death report is a vital record that must be filed with the Office of Vital Records within five days of the delivery of a stillborn fetus that is 20 weeks or more of gestation, except in the case of abortion. Hospitals report fetal deaths in the vital records system. Fetal deaths occuring at 20 or more weeks gestation and that are unattended by a physician must be reported to the Medical Examiner. The fetal death report must be filed before a Certificate of Birth Resulting in Stillbirth can be requested or issued.

How do I get a Certificate of Birth Resulting in Stillbirth?

After a fetal death has been reported, the parents listed on the fetal death report may request a Certificate of Birth Resulting in Stillbirth by completing an application and submitting the form with a $16 fee to the Minnesota Department of Health, Office of Vital Records.

Applications are found online at https://www.health.state.mn.us/people/vitalrecords/docs/stillbirthapp.pdf.

If you do not have access to the online form, you can call 651-201-5970 to request an application by mail.

If you do not receive a Certificate of Birth Resulting in Stillbirth, you may still qualify for a credit for having a child born in the current tax year. See the instructions for Schedule M1CD, Child and Dependent Care Credit. The child would also be a qualifying child when claiming other credits.

When do I request a Certificate of Birth Resulting in Stillbirth?

You can only request the certificate after a fetal death is reported and the record is filed with the Office of Vital Records.

Who can get a copy of the certificate from the Office of Vital Records?

Certified copies of the Certificate of Birth Resulting in Stillbirth are only issued to the parents listed on the fetal death report.

Whose names will appear on the certificate as parents?

The names of the parents who were listed on the fetal death report will appear on the Certificate of Birth Resulting in Stillbirth.

If I delivered a stillborn child before 20 weeks of gestation, do I qualify for this credit?

No. The child must have been 20 weeks or more in gestation for you to qualify for this credit.

How many people can claim this credit per stillborn child?

Only one credit can be claimed per stillborn child.

I am a Minnesota resident but I gave birth to a stillborn child in another state. Do I qualify for this credit?

No. The child must have been delivered in Minnesota to qualify for this credit.

Can I claim this credit if I had an abortion?

No. Since a fetal death report is not filed for an abortion, you will not be able to obtain a Certificate of Birth Resulting in Stillbirth.

How do I know if the child would have been claimed as my dependent for tax purposes?

Minnesota uses the federal definition of “dependent” for this tax credit. Generally, the child would have been your dependent if they would have lived with you and would not have provided more than half of their own support. If another person could have claimed your child as a “dependent,” only one person may claim this tax credit. The two of you must decide who will claim the credit. If you cannot decide, the federal “tie-breaker” rule applies. For more information, see IRS Publication 501, Exemptions, Standard Deduction, and Filing Requirements.

How do I claim this tax credit?

To claim this credit, you must complete and file Schedule M1PSC, Credit for Parents of Stillborn Children, and Schedule M1REF, Refundable Credits, with your Form M1. You will need the State File Number and Document Control Number listed on the Certificate of Birth Resulting in Stillbirth to complete the M1PSC.

What is the State File Number and where can I find that?

The State File Number is the number printed in the upper right area inside the margin on the Certificate of Birth Resulting in Stillbirth.

What is the Document Control Number and where can I find that?

The Document Control Number is the number printed in the lower left corner under the barcode on the Certificate of Birth Resulting in Stillbirth. The Document Control Number is the number following the prefix S22.

I delivered a stillborn child but received a Certificate of Birth Resulting in Stillbirth in the following year. When do I qualify for this credit?

You may qualify for this credit in the year the child was delivered.

I am a nonresident of Minnesota who delivered a stillborn child in Minnesota. How do I calculate my credit?

You must complete Form M1 and Form M1NR to determine the credit amount you qualify for.

How do I claim the credit for multiple stillborn children?

You must complete a Schedule M1PSC for each credit you are claiming. You will also need to complete Schedule M1REF to total your credits, and Form M1.

Information and Assistance

Additional forms and information, including fact sheets and frequently asked questions, are available on our website.

Website: www.revenue.state.mn.us

Email: [email protected]

Phone: 651-296-3781 or 1-800-652-9094 (toll-free)

Mississippi

Certificate of Birth Resulting in Stillbirth

2020 Mississippi Code
Title 41 – Public Health
Chapter 57 – Vital Statistics
Births and Deaths
§ 41-57-31. Certificate of birth resulting in stillbirth issued upon request of parent; parents to be notified of availability of and procedure for obtaining certificate; contents of certificate

Universal Citation: MS Code § 41-57-31 (2020)

  1. As used in this section, the following terms shall be defined as provided in this section, unless the context otherwise requires:
    1. “Certificate of birth resulting in stillbirth” means a birth certificate issued to record and memorialize the birth of a stillborn child.
    2. “Stillbirth” or “stillborn” means an unintended, intrauterine fetal death occurring in this state after a gestational age of not less than twenty (20) completed weeks.
  2. For any stillborn child in this state, the Bureau of Vital Statistics shall issue a certificate of birth resulting in stillbirth upon the request of a parent named on the death certificate, within sixty (60) days of the date of the request. A parent may request the Bureau of Vital Statistics to issue a certificate of birth resulting in stillbirth without regard to whether the death occurred on, before, or after July 1, 2007, and without regard to the date on which the death certificate was issued.
  3. The person who is required to file a death certificate under this chapter shall advise the parent or parents of a stillborn child:
    1. That a parent may, but is not required to, request the preparation of a certificate of birth resulting in stillbirth;
    2. That a parent may obtain a certificate of birth resulting in stillbirth by contacting the Bureau of Vital Statistics to request the certificate and paying the required fee; and
    3. How a parent may contact the Bureau of Vital Statistics to request a certificate of birth resulting in stillbirth.
  4. A parent may provide a name for a stillborn child on the request for a certificate of birth resulting in stillbirth. The name of the stillborn child provided on or later added by amendment to the certificate shall be the same name as placed on the original or amended death certificate. If the requesting parent does not wish to provide a name, the Bureau of Vital Statistics shall fill in the certificate with the name “baby boy” or “baby girl” and the last name of the parent.
  5. Not later than September 1, 2007, the State Department of Health shall prescribe the form and content of a certificate of birth resulting in stillbirth and shall specify the information necessary to prepare the certificate. In addition to any other information required to be on the certificate, the certificate shall include:
    1. The date of the stillbirth;
    2. The county in which the stillbirth occurred;
    3. The state file number of the corresponding death certificate; and
    4. The following statement: “This certificate is not proof of live birth.”
  6. Upon issuance of a certificate of birth resulting in stillbirth to a parent, the Bureau of Vital Statistics shall file an exact copy of the certificate with the local registrar of the registration district in which the stillbirth occurred. The local registrar shall file the certificate of birth resulting in stillbirth with the death certificate.
  7. The Bureau of Vital Statistics may not use a certificate of birth resulting in stillbirth to calculate live birth statistics.
  8. The State Board of Health may adopt any rules or regulations necessary to administer this section.

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Tax Credit Legislation

Mississippi does not have legislation that provides tax credits to parents of stillborn babies.  Anyone interested in working on this issue in can contact Star Legacy Foundation for information. 

Missouri

Title XII PUBLIC HEALTH AND WELFARE — Chapter 193

Effective – 28 Aug 2004  

 193.255.  Certified copies of vital records, issuance — probative value — cooperation with federal agencies and other states — issuance of certificate of birth resulting in stillbirth, when. — 

1.  The state registrar and other custodians of vital records authorized by the state registrar to issue certified copies of vital records upon receipt of application shall issue a certified copy of any vital record in his custody or a part thereof to any applicant having a direct and tangible interest in the vital record.  Each copy issued shall show the date of registration, and copies issued from records marked “Delayed” or “Amended” shall be similarly marked and show the effective date.  The documentary evidence used to establish a delayed certificate shall be shown on all copies issued.  All forms and procedures used in the issuance of certified copies of vital records in the state shall be provided or approved by the state registrar.

 2.  A certified copy of a vital record or any part thereof, issued in accordance with subsection 1 of this section, shall be considered for all purposes the same as the original and shall be prima facie evidence of the facts stated therein, provided that the evidentiary value of a certificate or record filed more than one year after the event, or a record which has been amended, shall be determined by the judicial or administrative body or official before whom the certificate is offered as evidence.

 3.  The federal agency responsible for national vital statistics may be furnished such copies or data from the system of vital statistics as it may require for national statistics, provided such federal agency share in the cost of collecting, processing, and transmitting such data, and provided further that such data shall not be used for other than statistical purposes by the federal agency unless so authorized by the state registrar.

 4.  Federal, state, local and other public or private agencies may, upon request, be furnished copies or data of any other vital statistics not obtainable under subsection 1 of this section for statistical or administrative purposes upon such terms or conditions as may be prescribed by regulation, provided that such copies or data shall not be used for purposes other than those for which they were requested unless so authorized by the state registrar.

 5.  The state registrar may, by agreement, transmit copies of records and other reports required by sections 193.005 to 193.325 to offices of vital statistics outside this state when such records or other reports relate to residents of those jurisdictions or persons born in those jurisdictions.  This agreement shall require that the copies be used for statistical and administrative purposes only, and the agreement shall further provide for the retention and disposition of such copies.  Copies received by the department from offices of vital statistics in other states shall be handled in the same manner as prescribed in this section.

 6.  No person shall prepare or issue any certificate which purports to be an original, certified copy, or copy of a vital record except as authorized herein or by regulations adopted hereunder.

 7.  Upon application from either parent, or if both parents are deceased, the sibling of the stillborn child, pursuant to subsection 7 of section 193.165, the state registrar or other custodians of vital records shall issue to such applicant a certificate of birth resulting in stillbirth.  The certificate shall be based upon the information available from the spontaneous fetal death report filed pursuant to section 193.165.  Any certificate of birth resulting in stillbirth issued shall conspicuously include, in no smaller than twelve-point type, the statement “This is not proof of a live birth.”.  No certificate of birth resulting in stillbirth shall be issued to any person other than a parent, or if both parents are deceased, the sibling of the stillborn child who files an application pursuant to section 193.165. The state registrar or other custodians of vital records are* authorized to charge a minimal fee to such applicant to cover the actual costs of providing the certificate pursuant to this section.

 8.  Any parent, or if both parents are deceased, any sibling of the stillborn child may file an application for a certificate of birth resulting in stillbirth for a birth that resulted in stillbirth prior to August 28, 2004.

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An important bill has been submitted in both the Missouri House and Senate that would provide a stillbirth tax credit to Missouri families that suffer the unthinkable loss of their loved and greatly anticipated baby.  The Senate version of the bill, SB1123 is is awaiting review by the Senate Economic Committee.  The House version, HB2770, has been submitted but is awaiting co-sponsors.  

We need your help to reach out to Missouri legislators to keep these bills moving!  

SENATE

  • Contact the members of the Senate Economic Committee to pass SB 1123.  Directions here.
  • Senate Bill mailing letter template here.

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HOUSE

  • Contact your local House Representative to co-sponsor HB 2770.  Directions here
  • House Bill mailing letter template here.

Thank you so very much!  Please let us know if you have any questions!  Watch for updates!

Montana

Certificate of Birth Resulting in Stillbirth

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37.8.307    CERTIFICATE OF BIRTH RESULTING IN A STILLBIRTH

(1) Upon request by either parent, a certificate of birth resulting in a stillbirth must be filed within ten calendar days after the date of the delivery or the date the certificate was requested to be filed. If the delivery meets the definition of a stillbirth as defined in 50-15-101, MCA, the person in charge of the final disposition of the fetus must file a properly completed Montana Certificate of Fetal Death.

(2) If a stillbirth delivery occurs in Montana and a certificate of fetal death has not been filed, additional evidence must be provided to support the facts of the pregnancy, that the delivery resulted in a stillbirth, and that the delivery occurred within this state.

(3) Acceptable examples of evidence of pregnancy include the following:

(a) prenatal record;

(b) a statement from a physician or other health care provider qualified to determine pregnancy;

(c) a report of a home visit by a public health nurse or other health care provider that indicates that the mother was pregnant at the time of the visit; or

(d) other evidence acceptable by the department.

(4) Evidence that the birth was stillborn includes the following:

(a) a completed and filed Montana Certificate of Fetal Death;

(b) a statement from the physician or other health care provider who saw and examined the stillborn child; or

(c) other evidence acceptable to the department.

(5) Evidence of the mother’s presence in Montana on the date of delivery includes the following:

(a) if the delivery occurred in the mother’s residence:

(i) a driver’s license or a state-issued identification card that lists the mother’s current residence;

(ii) a rent or mortgage receipt that includes the mother’s name and address;

(iii) any type of utility, telephone, or other bill that includes the mother’s name and address; or

(iv) other evidence acceptable to the department.

(b) if the delivery occurred outside of the mother’s place of residence and the mother is a resident of Montana, such evidence must consist of:

(i) an affidavit from the tenant of the premises where the delivery occurred stating that the mother was present on those premises at the time of delivery; and

(ii) evidence of the affiant’s residence similar to that required in (5)(a); and

(iii) evidence of the mother’s residence in the state similar to that required in (5)(a); or

(iv) other evidence acceptable to the department.

(6) If the mother is not a resident of Montana, proof that a stillbirth occurred in Montana outside of a health care facility must consist of clear and convincing evidence acceptable to the department.

(7) The department shall determine the acceptability of all documentary evidence submitted in support of a stillbirth that occurred outside of a health care facility.

(8) Documents presented must be in the form of the original record or a duly certified copy thereof or a notarized signed statement from the custodian of the record or document attesting to the accuracy of the record. 

History: 50-15-10250-15-10350-15-208, MCA; IMP50-15-10250-15-10350-15-208, MCA; NEW, 2008 MAR p. 169, Eff. 1/1/08.

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Tax Credit Legislation

Montana does not have legislation that provides tax credits to parents of stillborn babies.  Anyone interested in working on this issue can contact Star Legacy Foundation for information. 

Nebraska

Certificate of Birth Resulting in Stillbirth

Application: Nebraska Application for Certificate of Stillbirth

2021 Nebraska Revised Statutes
Chapter 71 – Public Health and Welfare
71-649 – Vital statistics; unlawful acts; enumerated; violations; penalties; warning statement.

Universal Citation: NE Code § 71-649 (2021)

71-649. Vital statistics; unlawful acts; enumerated; violations; penalties; warning statement.

(1) Any person who (a) willfully and knowingly makes any false statement in a certificate, record, or report required to be filed pursuant to the Vital Statistics Act, in an application for an amendment thereof, or in an application for a certified copy of a vital record or willfully and knowingly supplies false information intending that such information be used in the preparation of any such report, record, certificate, or amendment thereof; (b) without lawful authority and with the intent to deceive, makes, counterfeits, alters, amends, or mutilates any certificate, record, or report required to be filed pursuant to the act or a certified copy of such certificate, record, or report; (c) willfully and knowingly obtains, possesses, uses, sells, furnishes, or attempts to obtain, possess, use, sell, or furnish to another, for any purpose of deception, any certificate, record, report, or certified copy thereof so made, counterfeited, altered, amended, or mutilated; (d) with the intention to deceive, willfully and knowingly obtains, possesses, uses, sells, furnishes, or attempts to obtain, possess, use, sell, or furnish to another any certificate of birth or certified copy of a certificate of birth knowing that such certificate or certified copy was issued upon a certificate which is false in whole or in part or which relates to the birth of another person, whether living or deceased; (e) willfully and knowingly furnishes or possesses a certificate of birth or certified copy of a certificate of birth with the knowledge or intention that it be used for the purposes of deception by a person other than the person to whom the certificate of birth relates; (f) without lawful authority possesses any certificate, record, or report required by the act or a copy or certified copy of such certificate, record, or report knowing the same to have been stolen or otherwise unlawfully obtained; or (g) willfully and knowingly tampers with an electronic signature authorized under section 71-603.01 shall be guilty of a Class IV felony.

(2) Any person who (a) willfully and knowingly refuses to provide information required by the Vital Statistics Act or rules and regulations adopted under the act or (b) willfully and knowingly neglects or violates any of the provisions of the act or refuses to perform any of the duties imposed upon him or her under the act shall be guilty of a Class I misdemeanor.

(3) The department may include on any appropriate certificate or document a statement warning of the consequences for any such violation.

Source

  • Laws 1977, LB 72, § 2;
  • Laws 1978, LB 748, § 37;
  • Laws 1994, LB 886, § 14;
  • Laws 1996, LB 1044, § 550;
  • Laws 1997, LB 307, § 168;
  • Laws 2005, LB 301, § 29.

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Tax Credit Legislation

Nebraska does not have legislation that provides tax credits to parents of stillborn babies.  Anyone interested in working on this issue can contact Star Legacy Foundation for information. 

Nevada

Certificate of Birth Resulting in Stillbirth

2015 Nevada Revised Statutes
Chapter 440 – Vital Statistics
NRS 440.390 – Certificate of stillbirth.

Universal Citation: NV Rev Stat § 440.390 (2015)

The certificate of stillbirth must be presented by the funeral director or person acting as undertaker to the physician in attendance at the stillbirth, for the certificate of the fact of stillbirth and the medical data pertaining to stillbirth as the physician can furnish them in his or her professional capacity.

[Part 7:199:1911; A 1941, 381; 1931 NCL § 5241]—(NRS A 1983, 135; 1985, 290)

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Tax Credit Legislation

Nevada does not have legislation that provides tax credits to parents of stillborn babies.  Anyone interested in working on this issue in Nevada can contact Star Legacy Foundation for information. 

New Hampshire

Certificate of Birth Resulting in Stillbirth

2014 New Hampshire Revised Statutes
Title I – THE STATE AND ITS GOVERNMENT
Chapter 5-C – VITAL RECORDS ADMINISTRATION
Section 5-C:75-a – Certificate of Stillbirth.

Universal Citation: NH Rev Stat § 5-C:75-a (2014)

    5-C:75-a Certificate of Stillbirth. – The director shall establish a certificate of stillbirth for a fetal death, as defined in RSA 5-C:1, XII, occurring in this state on the following form:

Name of Parents: _________________________
Date of Stillbirth: _________________________
Place of Stillbirth: _________________________
Name parents choose: _________________________
 (optional) 

    Issued by New Hampshire division of vital records administration
    ________________________ __________
    Director of vital records Date

Source. 2008, 239:1, eff. Aug. 23, 2008.

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Tax Credit Legislation

New Hampshire does not have legislation that provides tax credits to parents of stillborn babies.  Anyone interested in working on this issue can contact Star Legacy Foundation for information. 

New Jersey

Certificate of Birth Resulting in Stillbirth

he Office of Vital Statistics and Registry maintains records to prepare Certificates of Birth Resulting in Stillbirth from 1969 to the present.

The parent(s) can request a certified copy of a Certificate of Birth Resulting in Stillbirth by submitting a completed the REG-68 form.  Acceptable Forms of Identification and the appropriate fees directly to the Office of Vital Statistics and Registry or to a licensed health care professional for signature, who is then responsible for submitting the documents.

The  form and above items are to be submitted to:

New Jersey Office of Vital Statistics and Registration
Attn: Still Birth Certificate Processing
PO Box 370
Trenton, NJ 08625-0370

Additional information is provided on the REG-68 form or can be obtained at 1-866-649-8726 extension 506 (Monday through Friday, 8:30am – 4:00pm EST) excluding State Holidays.

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Tax Credit Legislation

New Jersey does not have legislation that provides tax credits to parents of stillborn babies.  Anyone interested in working on this issue can contact Star Legacy Foundation for information. 

New Mexico

Certificate of Birth Resulting in Stillbirth

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Tax Credit Legislation

New Mexico does not have legislation that provides tax credits to parents of stillborn babies.  Anyone interested in working on this issue can contact Star Legacy Foundation for information. 

New York

Certificate of Birth Resulting in Stillbirth

Enacted

Effective Date: 

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Instructions:

Reference:

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Tax Credit Legislation

Alabama does not have legislation that provides tax credits to parents of stillborn babies.  Anyone interested in working on this issue in Alabama can contact Star Legacy Foundation for information. 

North Carolina

Certificate of Birth Resulting in Stillbirth

Enacted

Effective Date: 

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Instructions:

Reference:

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Tax Credit Legislation

Alabama does not have legislation that provides tax credits to parents of stillborn babies.  Anyone interested in working on this issue in Alabama can contact Star Legacy Foundation for information. 

North Dakota

Certificate of Birth Resulting in Stillbirth

Enacted

Effective Date: 

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Instructions:

Reference:

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Tax Credit Legislation

Alabama does not have legislation that provides tax credits to parents of stillborn babies.  Anyone interested in working on this issue in Alabama can contact Star Legacy Foundation for information. 

Ohio

Certificate of Birth Resulting in Stillbirth

Enacted

Effective Date: 

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Instructions:

Reference:

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Tax Credit Legislation

Alabama does not have legislation that provides tax credits to parents of stillborn babies.  Anyone interested in working on this issue in Alabama can contact Star Legacy Foundation for information. 

Oklahoma

Certificate of Birth Resulting in Stillbirth

Enacted

Effective Date: 

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Instructions:

Reference:

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Tax Credit Legislation

Alabama does not have legislation that provides tax credits to parents of stillborn babies.  Anyone interested in working on this issue in Alabama can contact Star Legacy Foundation for information. 

Oregon

Certificate of Birth Resulting in Stillbirth

Enacted

Effective Date: 

Click for statute language:  

Instructions:

Reference:

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Tax Credit Legislation

Alabama does not have legislation that provides tax credits to parents of stillborn babies.  Anyone interested in working on this issue in Alabama can contact Star Legacy Foundation for information. 

Pennsylvania

Certificate of Birth Resulting in Stillbirth

Enacted

Effective Date: 

Click for statute language:  

Instructions:

Reference:

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Tax Credit Legislation

Alabama does not have legislation that provides tax credits to parents of stillborn babies.  Anyone interested in working on this issue in Alabama can contact Star Legacy Foundation for information. 

Rhode Island

Certificate of Birth Resulting in Stillbirth

Enacted

Effective Date: 

Click for statute language:  

Instructions:

Reference:

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Tax Credit Legislation

Alabama does not have legislation that provides tax credits to parents of stillborn babies.  Anyone interested in working on this issue in Alabama can contact Star Legacy Foundation for information. 

South Carolina

Certificate of Birth Resulting in Stillbirth

Enacted

Effective Date: 

Click for statute language:  

Instructions:

Reference:

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Tax Credit Legislation

Alabama does not have legislation that provides tax credits to parents of stillborn babies.  Anyone interested in working on this issue in Alabama can contact Star Legacy Foundation for information. 

South Dakota

Certificate of Birth Resulting in Stillbirth

Enacted

Effective Date: 

Click for statute language:  

Instructions:

Reference:

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Tax Credit Legislation

Alabama does not have legislation that provides tax credits to parents of stillborn babies.  Anyone interested in working on this issue in Alabama can contact Star Legacy Foundation for information. 

Tennessee

Certificate of Birth Resulting in Stillbirth

Enacted

Effective Date: 

Click for statute language:  

Instructions:

Reference:

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Tax Credit Legislation

Alabama does not have legislation that provides tax credits to parents of stillborn babies.  Anyone interested in working on this issue in Alabama can contact Star Legacy Foundation for information. 

Texas

Certificate of Birth Resulting in Stillbirth

Enacted

Effective Date: 

Click for statute language:  

Instructions:

Reference:

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Tax Credit Legislation

Alabama does not have legislation that provides tax credits to parents of stillborn babies.  Anyone interested in working on this issue in Alabama can contact Star Legacy Foundation for information. 

Utah

Certificate of Birth Resulting in Stillbirth

Enacted

Effective Date: 

Click for statute language:  

Instructions:

Reference:

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Tax Credit Legislation

Alabama does not have legislation that provides tax credits to parents of stillborn babies.  Anyone interested in working on this issue in Alabama can contact Star Legacy Foundation for information. 

Vermont

Certificate of Birth Resulting in Stillbirth

Enacted

Effective Date: 

Click for statute language:  

Instructions:

Reference:

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Tax Credit Legislation

Alabama does not have legislation that provides tax credits to parents of stillborn babies.  Anyone interested in working on this issue in Alabama can contact Star Legacy Foundation for information. 

Virginia

Certificate of Birth Resulting in Stillbirth

Enacted

Effective Date: 

Click for statute language:  

Instructions:

Reference:

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Tax Credit Legislation

Alabama does not have legislation that provides tax credits to parents of stillborn babies.  Anyone interested in working on this issue in Alabama can contact Star Legacy Foundation for information. 

Washington

Certificate of Birth Resulting in Stillbirth

Enacted

Effective Date: 

Click for statute language:  

Instructions:

Reference:

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Tax Credit Legislation

Alabama does not have legislation that provides tax credits to parents of stillborn babies.  Anyone interested in working on this issue in Alabama can contact Star Legacy Foundation for information. 

West Virginia

Certificate of Birth Resulting in Stillbirth

Enacted

Effective Date: 

Click for statute language:  

Instructions:

Reference:

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Tax Credit Legislation

Alabama does not have legislation that provides tax credits to parents of stillborn babies.  Anyone interested in working on this issue in Alabama can contact Star Legacy Foundation for information. 

Wisconsin

Certificate of Birth Resulting in Stillbirth

Enacted

Effective Date: 

Click for statute language:  

Instructions:

Reference:

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Tax Credit Legislation

Alabama does not have legislation that provides tax credits to parents of stillborn babies.  Anyone interested in working on this issue in Alabama can contact Star Legacy Foundation for information. 

Wyoming

Certificate of Birth Resulting in Stillbirth

Enacted

Effective Date: 

Click for statute language:  

Instructions:

Reference:

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Tax Credit Legislation

Alabama does not have legislation that provides tax credits to parents of stillborn babies.  Anyone interested in working on this issue in Alabama can contact Star Legacy Foundation for information. 

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