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Utah Senate advances bill allowing parents to get birth certificates for stillborn infants

Utah State Senate · January 24, 2002
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Summary

The Senate passed Senate Bill 45 on Jan. 23, 2002, allowing parents to request a state-issued birth certificate that indicates a stillbirth and allows naming the child; sponsors said the change is limited to parental recognition and does not alter other statutory definitions or legal consequences.

Senate Bill 45, presented by Senator Ron Allen, would allow the state health department to issue a birth certificate with a checkbox indicating a stillbirth and permit parents to name the child. "This is the bill that allows the state to issue a birth certificate that has a checkbox in a very unfortunate circumstance where there's a stillbirth," Allen said, framing the legislation as a measure to treat parents with "respect and dignity."

Senator Wright asked for clarification about the legal definition of "stillborn," seeking whether the bill changed the definition or affected related law. Allen responded that the bill refers to the existing statutory definition (full-term deliveries outlined in prior code) and that "we did not change that section of the code at all." He said the measure relates to full-term deliveries (the code reference discussed indicates at least 20 weeks) and is intended to assist grieving parents rather than alter other legal frameworks. "It has no other implications concerning the viability of a fetus or any of those laws," Allen said when asked whether the certificate would affect other statutes.

Senator Spencer, who had engaged committee testimony on the bill, said witnesses and committee discussion "cleared all of those things up" and reiterated the bill's limited scope as supporting grieving parents. With that explanation, the Senate called the question. The roll call showed the measure received 27 aye votes, no nays, with two senators absent; the bill was referred to the House for further action.

The Senate sponsor said a fiscal note that had appeared earlier was expected to be reduced to zero after the department identified a printing method to avoid additional costs. The chamber recorded no legislative amendments to the bill on the floor. The next procedural step is House consideration.