For parents who have experienced the loss of a stillborn baby, few things feel as important as having their child officially acknowledged. The Certificate of Birth Resulting in Stillbirth (CBRS) — sometimes called a Certificate of Stillbirth — was created for exactly this purpose. It is a commemorative document that recognizes the birth and existence of a stillborn baby, giving families an official record that includes their child’s name.
As of 2026, 43 states have passed legislation enabling parents to request this document. This guide covers what the CBRS is, which states offer it, how to apply, and what to expect from the process.
What Is the Certificate of Birth Resulting in Stillbirth?
The CBRS is a state-issued document that resembles a birth certificate. It typically includes the baby’s name, the parents’ names, the date and location of the delivery, and other identifying details. Unlike a standard birth certificate, which records a live birth, the CBRS specifically acknowledges a birth that resulted in a stillbirth.
It is important to understand what the CBRS is and what it is not:
- It is a commemorative document — it officially recognizes your baby’s birth and allows you to record their name in a state-issued record
- It is not a legal substitute for a Fetal Death Certificate — the CBRS generally cannot be used for insurance claims, burial permits, or other legal transactions
- It is not automatic — unlike the Fetal Death Certificate (which the hospital files), the CBRS must be requested by the parents
- It is available retroactively in many states — some states allow parents to request a CBRS for stillbirths that occurred before the legislation was passed
The CBRS movement was driven by bereaved parents and advocacy organizations who recognized that families deserve an official document acknowledging their child. The Star Legacy Foundation has been a leading force in this effort, working state by state to pass enabling legislation.
Which States Offer the Certificate of Birth Resulting in Stillbirth?
As of 2026, 43 states have enacted legislation allowing parents to request a CBRS. The table below provides an overview of key states with their requirements and fees. For the complete and most current list, refer to the Star Legacy Foundation’s state tracker.
| State | Gestational Threshold | Fee | Retroactive? |
|---|---|---|---|
| Texas | 20 weeks | $20 | Yes |
| California | 20 weeks | Varies | Yes |
| New York | 20 weeks | $30 | Yes (varies by county) |
| Florida | 20 weeks | Varies | Yes |
| Pennsylvania | 16 weeks | Free (first copy) | Yes |
| Ohio | 20 weeks | $21.50 | Yes |
| Illinois | 20 weeks | $15 | Yes |
| Georgia | 20 weeks | $25 | Yes |
| Michigan | 20 weeks | $34 | Yes |
| North Carolina | 20 weeks | $24 | Yes |
| Virginia | 20 weeks | $12 | Yes |
| Minnesota | 20 weeks | $26 | Yes |
| Washington | 20 weeks | $25 | Yes |
| Maryland | 20 weeks | $12 | Yes |
Fees and requirements are subject to change. Contact your state’s vital records office for the most current information.
How to Apply for a Certificate of Birth Resulting in Stillbirth
The application process varies by state, but generally follows these steps:
Step 1: Confirm Your State Offers the CBRS
Check the Star Legacy Foundation’s state tracker or contact your state’s vital records office to confirm that the CBRS is available and to request the application form. A small number of states have not yet passed enabling legislation.
Step 2: Gather Required Information
Most states require the following information on the CBRS application:
- The baby’s name (if one was given — most states allow you to name your baby on this certificate even if no name was recorded at the hospital)
- The baby’s sex
- The mother’s full legal name (including maiden name)
- The father’s full legal name
- The date of delivery
- The hospital or location where the stillbirth occurred
- The city and county of the delivery
- The applicant’s relationship to the baby
Step 3: Include Supporting Documents
While requirements vary, most states ask for:
- A photocopy of your government-issued photo ID
- A copy of the Fetal Death Certificate — even if the application doesn’t explicitly require it, including a copy is strongly recommended as it helps the vital records office locate the record and expedite processing
- Any required fees (check, money order, or credit card depending on the state)
Step 4: Submit Your Application
Submit methods vary by state:
- By mail — the most common method; send to your state’s vital records office
- In person — some states allow walk-in applications at the vital records office
- Online — a few states (such as Arizona) offer online submission
Step 5: Wait for Processing
Processing times vary from a few weeks to several months depending on the state and whether the original fetal death record is easily located. If you’re applying retroactively for a stillbirth that occurred years or decades ago, the process may take longer as the vital records office searches their archives.
Can You Apply Retroactively?
Yes, in most states. Many states that have passed CBRS legislation specifically allow retroactive applications — meaning parents can request a certificate for a stillbirth that occurred before the law was enacted. Some states have no time limit on retroactive applications, while others may require that the original fetal death record be on file with the state.
If you experienced a stillbirth years or even decades ago and would like to apply for a CBRS, contact your state’s vital records office. Even if the law was passed recently, many families have successfully obtained certificates for losses that occurred long ago.
What if Your State Doesn’t Offer the CBRS?
If your state is among the few that have not yet passed CBRS legislation, you still have options:
- Request a Fetal Death Certificate — this is the official legal record available in every state for fetal deaths meeting the gestational threshold. VRO can help you request one.
- Contact advocacy organizations — the Star Legacy Foundation and MISS Foundation actively work to pass CBRS legislation in remaining states and may be able to update you on pending legislation
- Reach out to your state legislators — expressing your support for CBRS legislation can help move the process forward
Glossary of Key Terms
Stillbirth — The delivery of a baby who shows no signs of life after reaching the state’s gestational threshold, typically 20 weeks of gestation.
Fetal Death Certificate — The official legal record filed by a hospital or healthcare provider when a stillbirth occurs. Used for burial permits, insurance claims, and other legal purposes.
Certificate of Birth Resulting in Stillbirth (CBRS) — A commemorative state-issued document that recognizes the birth of a stillborn baby. Available in 43 states as of 2026.
Gestational Age — The age of a pregnancy measured in weeks from the first day of the mother’s last menstrual period. Most states require fetal death reporting at 20 or more weeks.
Miscarriage — A pregnancy loss occurring before the state’s gestational threshold (typically before 20 weeks). Generally not recorded by state vital records offices.
Neonatal Death — The death of a live-born baby within the first 28 days of life. Results in both a birth certificate and a death certificate being issued.
Certified Copy — An official copy of a vital record bearing a state or county seal, required for most legal and administrative purposes.
Vital Records — Official government records of life events including births, deaths, marriages, and divorces, maintained by state and local governments.
Related Guides
- Stillbirth Certificate: What It Is, How to Get One, and What Every Parent Should Know
- Do Stillborn Babies Get a Birth Certificate or Death Certificate?
- How to Get a Fetal Death Certificate: A Complete Guide
- Stillbirth Certificate vs. Fetal Death Certificate vs. Death Certificate
The Emotional Significance of the CBRS
For many parents, the Certificate of Birth Resulting in Stillbirth is far more than a piece of paper. It is an official acknowledgment that their baby existed — that their child was real, was loved, and has a place in the public record. In a world where stillbirth is often invisible, this document provides a tangible connection to a baby who is deeply missed.
If you’ve experienced a stillbirth and aren’t sure what documents are available to you, please don’t hesitate to reach out. VRO is here to help you navigate the process with care and compassion.