Editorial: State should acknowledge stillbirths

AT ISSUE: Parents who request them should get birth certificates

April 16, 2007
The loss of a newborn baby is a trauma that lasts a lifetime for parents.

Now New York lawmakers have a chance to give those in such situations a tangible reminder of the life that although fleeting, will forever be held precious.

They should do so by approving a bill that would provide parents of stillborn babies a certificate of birth.

The bill is currently wending its way through the legislative process and is being rewritten by Assembly Health Committee Chairman Richard Gottfried, D-Manhattan.

Gottfried had originally opposed the idea, but agreed to help get legislation passed after receiving letters, e-mails and phone calls, and meeting with several parents who had stillbirths.

A national movement to provide birth certificates for stillborns has been opposed in several states, including New York, because of concerns it would assign personhood to a fetus and could lead to an erosion of women's reproductive rights.

But denying a birth certificate to parents who up until a very tragic end may have felt the kicks of life and considered this unborn baby a very real member of their family is to deny that this was once a living being. That simply isn't so. Currently, all these parents get are documents certifying fetal death.

Perhaps it is best summed up by Vivian Nania of Newburgh, who had a stillborn baby girl in July 2004. She recently received a birth certificate for her 2-month-old son, and would like a similar acknowledgement for her daughter.

"They're going to file something that says my baby died," Nania said. "Can't they file something that says my baby was born, she was stillborn, in this state, in this country? It's an acknowledgement of her birth. Yes, I know, I saw her, I gave birth to her. It's an acknowledgement and probably a closure at the same time."

The law should not mandate that a birth certificate be provided in the case of a still birth.

While it may help in the grieving process, it could also add to the pain for some parents, and for that reason should be issued only upon request.

Twenty states have passed such legislation so far, and Alaska is expected to approve it this month.

New York should join them. This is not about women's reproductive rights. It's about doing what is right for grief-stricken parents and their families. It's about acknowledging a life that tragically ended in death.

The M.I.S.S. Foundation is a nonprofit, 501(c)3, international organization which provides immediate and ongoing support to grieving families, empowerment through community volunteerism opportunities, public policy and legislative education, and programs to reduce infant and toddler death through research and education.