When a family experiences the devastating loss of a stillborn baby, one of the first and most confusing questions is often about paperwork: will you receive a birth certificate? A death certificate? Something else entirely? The answer isn’t as straightforward as it should be, and it varies depending on your state, the gestational age of the baby, and the type of document you need.
This guide explains exactly what vital records are issued for a stillborn baby, the differences between the documents, and how to request the records you may need.
The Short Answer
In the United States, a stillborn baby does not receive a standard birth certificate or a standard death certificate. Instead, the official legal record is a Fetal Death Certificate, which is filed by the hospital or healthcare provider and submitted to the state vital records office.
In addition, 43 states now offer a separate commemorative document called a Certificate of Birth Resulting in Stillbirth (sometimes called a Certificate of Stillbirth). This document recognizes the birth of the baby and allows parents to include their child’s name — but it must be requested separately by the parents.
Why No Birth Certificate Is Issued
A birth certificate is a legal document that records a live birth — a baby who is born alive, even briefly. Because a stillborn baby is not born alive, a standard birth certificate cannot be issued under state vital records laws.
This can be deeply painful for parents, because the absence of a birth certificate can feel like an official erasure of their baby’s existence. That’s precisely why the Certificate of Birth Resulting in Stillbirth was created — to give families an official document that acknowledges their child.
Why No Death Certificate Is Issued
Similarly, a standard death certificate is typically issued only when a person who was born alive subsequently dies. Because a stillborn baby was not born alive, most states do not issue a death certificate for a stillbirth.
There are rare exceptions. A small number of states may issue a death certificate in specific circumstances — for example, if there is evidence the baby was alive at the onset of labor but died during delivery. These situations are uncommon and depend on the medical facts and state-specific laws.
What Is a Fetal Death Certificate?
The Fetal Death Certificate is the official legal record filed when a pregnancy loss occurs after a certain gestational age — typically 20 weeks in most states, though some states use a weight-based threshold (usually 350 grams) or a different gestational cutoff.
Key facts about the Fetal Death Certificate:
- It is filed by the hospital or healthcare provider, not by the parents
- It is submitted to the state vital records office where the stillbirth occurred
- It records details including the date, location, cause (if determined), gestational age, the mother’s information, and the baby’s information
- Parents can request certified copies from their state’s vital records office
- It is the document needed for burial permits, insurance claims, and other legal purposes
The Fetal Death Certificate is the functional equivalent of a death certificate for a stillborn baby — it serves the same practical purposes and is the document most institutions will ask for.
What Is the Certificate of Birth Resulting in Stillbirth?
The Certificate of Birth Resulting in Stillbirth (CBRS) is a separate, commemorative document that was created through state legislation to give parents an official acknowledgment of their baby’s birth. It was designed in response to the deep need many parents feel to have their child officially recognized.
Key facts about the CBRS:
- It is not automatically issued — parents must request it
- It is available in 43 states as of 2026
- It resembles a birth certificate and includes the baby’s name, parents’ names, and date of delivery
- It is a commemorative document, not a legal record — it typically cannot be used for insurance claims, estate matters, or other legal purposes
- In most states, the Fetal Death Certificate is needed to apply for the CBRS
- Fees range from free to approximately $25 depending on the state
For many families, the CBRS is an incredibly meaningful document. It provides official recognition of their baby’s place in their family and can be a comforting part of the grieving and healing process.
What About Miscarriages?
A pregnancy loss that occurs before the state’s gestational threshold (typically before 20 weeks) is legally classified as a miscarriage, not a stillbirth. Miscarriages are generally not recorded by the state vital records office, and no fetal death certificate or CBRS is issued.
Some states have begun considering legislation to offer commemorative certificates for earlier pregnancy losses, but as of 2026 this is not widely available. If you experienced a loss before 20 weeks and want to know whether any documentation is available, contact the vital records office in your state.
How to Get Copies of Stillbirth-Related Documents
If you need certified copies of a Fetal Death Certificate or want to apply for a Certificate of Birth Resulting in Stillbirth, here’s what to do:
For a Fetal Death Certificate:
- Contact the vital records office in the state where the stillbirth occurred
- Provide your photo ID, the date and location of the stillbirth, and the mother’s name
- Pay the applicable state fee for certified copies
- You can also request through VRO, which simplifies the process — start your request here
For a Certificate of Birth Resulting in Stillbirth:
- Check whether your state offers this certificate — the Star Legacy Foundation maintains a current state tracker
- Contact your state’s vital records office and ask for the CBRS application
- Complete the application with the baby’s information, parents’ information, and delivery details
- Include a copy of the Fetal Death Certificate if available
- Submit with your photo ID and any required fees
State-by-State Differences
Each state handles stillbirth documentation differently. Here are a few examples:
- Texas — issues both Fetal Death Certificates and CBRS for losses at 20+ weeks; CBRS fee is $20
- California — issues fetal death records; CBRS available through the state vital records office
- New York — the Department of Health issues fetal death certificates and certificates of stillbirth; NYC has its own separate process through NYC311
- Pennsylvania — offers a Stillborn Birth Certificate with the first copy free of charge
- Florida — the Department of Health offers a Certificate of Birth Resulting in Stillbirth for losses after 20 weeks
For help requesting any stillbirth-related vital record, VRO is here to assist. We guide you through the process for any U.S. state.
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
- Certificate of Birth Resulting in Stillbirth: A State-by-State Guide
- How to Get a Fetal Death Certificate: A Complete Guide
- Stillbirth Certificate vs. Fetal Death Certificate vs. Death Certificate
You’re Not Alone
According to the CDC, approximately 21,000 stillbirths occur in the United States each year — about 1 in every 175 deliveries. While the paperwork may feel overwhelming, know that these records exist to help you take care of necessary arrangements and, in the case of the CBRS, to honor your baby’s memory.
If you have questions about which documents you need or how to request them, VRO’s customer support team is available to help. You can also read our comprehensive Stillbirth Certificate Guide for more detailed information.