HB 55 — Relating to the Alabama Department of Public Health; to adopt the Genesis Act; to require the Department of Health to establish a Certificate of Nonviable Birth form to issue to parents, upon request, for certain nonviable births.

HB55 INTRODUCEDENROLLED KMHEU5-1KMHEU5-3 By Representative Givan RFD:

06-Mar-23 2023 Regular Session Page 0 KMHEU5-1HB55 02/28/2023Enrolled GPEnrolled, (L)maAn 2022-5098Act, 23 4Relating SYNOPSIS:to Vital Statistics;

Under existing law, a nonviable birth that occurs before the twentieth week of gestation is not reported to the Office of Vital Statistics, and a parent of a nonviable birth that occurs before the twentieth week of gestation may not request a certificate of birth.

Also under existing law, a parent of a fetal death occurring after 20 weeks of gestation may request a Certificate of Birth Resulting in Stillbirth.

This bill would create the Genesis Act to require the Alabama Department of Public Health to adopt rules allowing for the parents of a nonviable birth occurring before the twentieth week of gestation to request a Certificate of Nonviable Birth.

A BILL TO BE ENTITLED AN ACT Relating to the Alabama Department of Public Health;

to requireprovide the Department of Health to establish a Certificate of Nonviable Birth form to issue to parents, upon request, for certain nonviable births.births;

Pageto 1require HB55the INTRODUCEDState BEBoard ITof ENACTEDHealth BYto THEadopt LEGISLATURErules OFregarding ALABAMA:a Certificate of Nonviable Birth.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

The Alabama Department of Public Health shall issue, upon request, a Certificate of Nonviable Birth to a parentpaprent or parents of a nonviable birth occurring before 20 weeks of gestation.

(a)(1) Following a nonviable birth occurring before 20 weeks of gestation, a report of fetal death shall be electronically filed with the Office of Vital Statistics within five days after the fetal death is known, if a report is requested by the parent or parents.

(2) A report of fetal death filed pursuant to this act shall be filed as provided in Section 22-9A-13, Code of Alabama 1975.

Page 1 HB55 Enrolled (b) The State Registrar of Vital Statistics, upon the request of a parent named on a report of fetal death filed on or after November 1, 2023, shall issue a Certificate of Nonviable Birth within 60 days from the date of the request.

(c) The State Board of Health shall adopt rules to implement and administer this section.

In addition to any other information required by the board, the Certificate of Nonviable Birth shall include all of the following information:

(1) The date of the nonviable birth.

(2) The county where the nonviable birth occurred.

(3) The name of the child of nonviable birth as provided in the report of fetal death, if a name appears on the report of fetal death.

If a name does not appear on the report of fetal death, the State Registrar, upon the request of a parent listed in the report of fetal death, shall add a name to the certificate when issued.

(4) The file number of the corresponding report of fetal death.

(5) The following statement:

"This certificate is not proof of live birth." (d) Parental information shall not be changed or added to a Certificate of Nonviable Birth after the report is filed, except for minor corrections to the name of the parent recorded on a report of fetal death or upon the receipt of a certified copy of an order of a court of competent jurisdiction.

(e) The fee for the issuance of the Certificate of Page 2 HB55 Enrolled Nonviable Birth shall be the same as the fee collected for the issuance of a certified copy of any other vital record.

This act shall become effective on the first day of the third sixth month following its passage and approval by the Governor, or its otherwise becoming law.

Page 23 HB55 Enrolled ________________________________________________ Speaker of the House of Representatives ________________________________________________ President and Presiding Officer of the Senate House of Representatives I hereby certify that the within Act originated in and was passed by the House 18-Apr-23, as amended.

John Treadwell Clerk Senate 02-May-23 Passed Page 4