Losing a baby to stillbirth is one of the most heartbreaking experiences a family can endure. During an already overwhelming time, parents are often faced with confusing paperwork and unfamiliar legal processes — including questions about what documents they will receive and what records they may need to request on their own.
This guide is here to help. Whether you’ve recently experienced a stillbirth or you’re helping a loved one navigate the process, we’ll walk you through everything you need to know about stillbirth certificates — what they are, how they differ from other vital records, which states issue them, and how to request one.
What Is a Stillbirth Certificate?
The term “stillbirth certificate” is commonly used to refer to two different but related documents:
1. Fetal Death Certificate — This is the official legal record filed with the state when a pregnancy loss occurs after a certain gestational age (typically 20 weeks, though this varies by state). The hospital or healthcare provider fills out this document and submits it to the state vital records office. It serves as the legal record of the fetal death and is used for burial or cremation permits, insurance claims, and other official purposes.
2. Certificate of Birth Resulting in Stillbirth (CBRS) — This is a commemorative document that recognizes the birth and life of a stillborn baby. Unlike a fetal death certificate, the CBRS is not automatically issued — parents must request it from their state’s vital records office. As of 2026, 43 states have passed legislation allowing parents to obtain this certificate. It resembles a birth certificate and allows parents to include their baby’s name.
Both documents serve important but different purposes. The fetal death certificate is the legal record needed for practical matters, while the CBRS provides families with a meaningful acknowledgment of their baby’s existence.
Do Stillborn Babies Get a Birth Certificate or Death Certificate?
This is one of the most common questions grieving parents face, and the answer can feel confusing. In the United States:
- A standard birth certificate is not issued for a stillborn baby.
- A standard death certificate is not issued either — because the baby was not born alive, they do not meet the legal definition for a death certificate in most states.
- Instead, a Fetal Death Certificate is the official legal record. It is filed by the hospital or birthing facility and submitted to the state’s vital records office.
- In most states, parents can also request a Certificate of Birth Resulting in Stillbirth, which is a separate commemorative document.
The distinction matters because each document serves a different purpose and follows a different process. For a deeper explanation of these differences, see our guide on stillbirth certificates vs. fetal death certificates vs. death certificates.
Which States Issue a Certificate of Birth Resulting in Stillbirth?
As of 2026, 43 states have enacted legislation allowing parents to request a Certificate of Birth Resulting in Stillbirth. The Star Legacy Foundation maintains a comprehensive state-by-state tracker of this legislation.
Requirements vary by state, but most share common elements:
- Gestational age threshold — most states define a stillbirth as a fetal death occurring at 20 or more weeks of gestation, though some states set the threshold at a different point
- Who can request — typically the mother, father, or a legal representative of the family
- Required information — the baby’s name (if one was given), sex, mother’s name, father’s name, date of delivery, and hospital or location of the stillbirth
- Supporting documents — a copy of the Fetal Death Certificate is often recommended or required to accompany the application
- Fees — some states provide the first copy free of charge (such as Pennsylvania), while others charge a fee ranging from $10 to $25
Here are some examples of how specific states handle this process:
- Texas — parents of a baby delivered at 20+ weeks gestation can request a CBRS from Texas Vital Statistics for a $20 fee
- California — the California Department of Public Health issues certified copies of fetal death records; the CBRS application is available through the state vital records office
- New York — the New York Department of Health issues both fetal death certificates and certificates of stillbirth, with NYC having its own separate process
- Florida — the Florida Department of Health offers a Certificate of Birth Resulting in Stillbirth for pregnancies lost after 20 weeks
- Pennsylvania — the Department of Health issues a Stillborn Birth Certificate, with the first copy provided free of charge
How to Request a Stillbirth Certificate
The process for requesting a stillbirth-related document depends on which record you need:
Requesting a Fetal Death Certificate
The Fetal Death Certificate is filed by the hospital or healthcare provider and submitted to the state vital records office. In most cases, you can request certified copies through:
- The state vital records office where the stillbirth occurred
- The county registrar or clerk in the county where the stillbirth took place
- An online ordering service like VRO — Vital Records Online can help you request fetal death records from many states. Start your request here.
You will typically need to provide your government-issued photo ID, the baby’s name (if given), the mother’s full name, the date and location of the delivery, and your relationship to the baby.
Requesting a Certificate of Birth Resulting in Stillbirth
This is a separate request that parents must initiate on their own. The CBRS is not automatically issued. To request one:
- Contact your state’s vital records office — ask specifically about the Certificate of Birth Resulting in Stillbirth or Certificate of Stillbirth
- Complete the application form — some states have a dedicated form for this certificate; others require you to submit a written request
- Include a copy of the Fetal Death Certificate — even if the form doesn’t require it, including a copy can help expedite processing
- Submit your valid photo ID — a government-issued ID or a photocopy is typically required
- Pay any applicable fees — fees vary by state, from free to approximately $25
Processing times vary. Some states can issue the certificate within a few weeks, while others may take longer depending on their current volume of requests.
When You Might Need a Stillbirth Certificate
There are several practical and personal reasons why families need stillbirth-related documents:
- Burial or cremation arrangements — funeral homes require a fetal death certificate to proceed with burial or cremation services
- Insurance claims — health insurance claims related to the delivery and hospital stay may require documentation of the stillbirth
- Bereavement leave — employers may require official documentation when a parent requests bereavement or family medical leave following a stillbirth
- Tax purposes — in some states and under certain circumstances, families may be eligible for tax deductions related to funeral and burial expenses
- Hospital billing — a fetal death certificate may be needed to resolve hospital billing matters and insurance claims
- Commemorative and emotional purposes — the Certificate of Birth Resulting in Stillbirth provides families with an official acknowledgment of their baby’s life, which many parents find deeply meaningful as part of their grieving and healing process
- Genealogy and family records — families who maintain genealogical records may want to include stillbirth documentation in their family history
Understanding Gestational Age Requirements
One important factor in stillbirth documentation is the gestational age threshold. Most states define a stillbirth as a fetal death occurring at 20 or more weeks of gestation, but this varies:
- Some states use a weight-based threshold (typically 350 grams or more) instead of or in addition to gestational age
- A few states set the threshold at a different number of weeks
- Pregnancy losses before the state’s threshold are generally classified as miscarriages and are not issued a fetal death certificate or CBRS
If your pregnancy loss occurred close to the threshold and you’re unsure whether it qualifies for a fetal death record, contact the vital records office in the state where the loss occurred for guidance.
Support Resources for Families
Navigating paperwork after losing a baby is incredibly difficult. You don’t have to do it alone. In addition to VRO’s vital record services, the following organizations offer support and resources for families affected by stillbirth:
- Star Legacy Foundation — provides stillbirth research, support programs, and a comprehensive state-by-state guide to Certificates of Stillbirth
- MISS Foundation — offers counseling, community support, and advocacy for bereaved families
- National Stillbirth Society — promotes awareness, research, and family support services
According to the CDC, approximately 21,000 babies are stillborn in the United States each year — affecting about 1 in every 175 births. You are not alone, and there is support available.
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
- Do Stillborn Babies Get a Birth Certificate or Death Certificate?
- 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
How VRO Can Help
Vital Records Online helps families request certified copies of vital records from every U.S. state. If you need a fetal death certificate or other vital record related to a stillbirth, VRO can guide you through the application process and submit it on your behalf.
We understand the sensitivity of this situation and are here to make the process as straightforward as possible during an incredibly difficult time. Start your vital record request here, or contact our customer support team if you have questions about which documents you need.