Bill pushes for birth certificates acknowledging stillborns

Mary Avila-DaRosa doesn't celebrate Mother's Day like most mothers.

Instead of enjoying breakfast in bed, she takes her two children to the Babyland section of East Lawn Cemetery in Sacramento to visit their older brother, Emerson, who died at birth nearly 10 years ago.

"Mother's Day is the hardest," says Avila-DaRosa, 40, of east Sacramento. "That's when my son should be coming to me, and me not having to go to him."

Avila-DaRosa, who only has Emerson's death certificate as legal proof of his existence, is among a group of bereaved parents asking the Legislature to pass a bill granting certificates of birth resulting in stillbirth for families that request them.

Under Senate Bill 850 by Sen. Abel Maldonado, R-Santa Maria, California could join 18 other states -- including Arizona, Florida, and Massachusetts -- to acknowledge both the birth and death of stillborns.

But what proponents describe as "a hug for grieving families," has created a political minefield for the Democratic-led Legislature. They fear that recognizing stillborn births could be used to impede abortion rights because it would acknowledge the birth of a fetus. The Senate Health Committee, which held an hourlong hearing last week on the bill, is expected to take up the issue a second time Wednesday.

"That's the choice issue right there," said Sen. Sheila Kuehl, D-Santa Monica, chairwoman of the Senate Health Committee, referring to the landmark decision in Roe v. Wade. "Is a fetus a person?"

Both sides are now trying to reach compromise language that would allow parents to get a certificate without jeopardizing abortion rights. Among other things, abortion rights advocates want to see the word "birth" removed from certificates and are asking Maldonado to redefine the minimum gestation period for stillbirths as occurring later in the pregnancy, at 26 weeks rather than 20 weeks.

Stillbirth is defined in part by the American Medical Association as a naturally occurring intrauterine death after the 22nd week of pregnancy. It can be caused by a number of things, including birth defects, infections and umbilical cord accidents. According to the state Department of Health Services, there are about 3,000 stillborn deaths a year in California.

Avila-DaRosa, who attended last week's hearing at the Capitol, says her firstborn is treated like a member of the family. Although she's pro-choice, Avila-DaRosa said Emerson was full-term and died during labor when the umbilical cord caught around his neck.

"I delivered my son. I held him," she said. "Just like those women have rights to terminate, I should have the right to acknowledge the birth of my child."

The mother of three said she had inquired about a birth certificate for Emerson but was told she didn't qualify because her pregnancy did not result in a live birth.

Maldonado, the senator, said that's unacceptable. He wrote the Missing Angels Act at the behest of the Mothers in Sympathy and Support Foundation, a nonprofit group that assists families after the death of a child.

"My state of California recognizes the death of a child by issuing a death certificate, and it mandates that the grieving families bury or cremate these beautiful babies," the senator said. "I want California going forward to join other states in recognizing these stillbirths."

It's not just abortion rights advocates who are worried. The medical community opposes the bill in its current form because they say a voluntary birth certificate could cause confusion for the state Department of Vital Statistics.

"This will be the hardest bill I have to testify against this year," Jodi Hicks, a lobbyist for the California Medical Association, told the Senate committee Wednesday. "Unfortunately, we can't have public data on record that isn't accurate."

Charlotte Newhart, of California NOW, or National Organization for Women, said counting stillbirths could distort vital statistics. Stephanie Nied Tseu of Planned Parenthood asked that the bill be put over for a legislative session until changes are made.

Senators weighing the bill expressed hope for finding a middle ground.

"There's got to be some place in between if we had more time to think about it," said Sen. Elaine Alquist, D-Santa Clara. "Because we're all people of goodwill wanting to accomplish a good thing and be of help -- but at the same time not do anything that's going to have unintended legal consequences for women."

Maldonado said he and his sponsors aren't looking for a commemorative document issued by the state or hospital. He wants an official acknowledgment of birth.

However, when the committee asked Maldonado if it was deal-breaker that a certificate of "live birth" be part of the bill, he replied "No."

"We've said all along, put us in a room and lock the doors and we'll come up with language that everyone can agree with," Maldonaldo said.

Chairwoman Kuehl said she's not so optimistic.

"My members are hopeful that there's other language," Kuehl said. "I'm less hopeful."

The mothers who sponsored the bill are now waiting for an answer.

Five days before her expected due date, Kirsten Pert, 37, of San Clemente, gave birth to her second child. Emma "Pug" Pert was 6 pounds, 11 ounces and 20 inches long.

"She was beautiful and she was perfect. Except that she was dead," said Pert, one of the sponsors of the Missing Angels Act.

Pert described her situation as a paradox -- the recognition of death without the recognition of birth.

"What we are looking for is not a certificate of life nor are we looking for an acknowledgment of life," she said. "We are looking for an acknowledgment of the birth process."