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Senate File 78

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  144.13B  BIRTH CERTIFICATES –
  1  2 FETAL DEATHS.
  1  3    1.  Certificates of birth shall be filed as follows for a
  1  4 fetus which is designated as a fetal death:
  1  5    a.  A certificate of birth for each fetus which is
  1  6 designated as a fetal death shall be filed as directed by the
  1  7 state registrar within seven days after the delivery and shall
  1  8 be registered by the county registrar if the certificate has
  1  9 been completed and filed in accordance with this chapter.
  1 10    b.  When the delivery of a fetus which is designated as a
  1 11 fetal death occurs in an institution or en route to an
  1 12 institution, the person in charge of the institution or the
  1 13 person's designated representative shall obtain the personal
  1 14 data, prepare the certificate, and file the certificate as
  1 15 directed by the state registrar.  The physician in attendance
  1 16 or the person in charge of the institution or the person's
  1 17 designee shall certify to the facts of the delivery whether by
  1 18 signature or as otherwise authorized by rule and provide the
  1 19 medical information required by the certificate within seven
  1 20 days after the delivery.
  1 21    c.  When the delivery of a fetus which is designated as a
  1 22 fetal death occurs outside an institution and not en route to
  1 23 an institution, the certificate shall be prepared and filed by
  1 24 one of the following in the indicated order of priority:
  1 25    (1)  The physician in attendance at or immediately after
  1 26 the delivery.
  1 27    (2)  Any other person in attendance at or immediately after
  1 28 the delivery.
  1 29    (3)  The father or mother.
  1 30    (4)  The person in charge of the premises where the
  1 31 delivery occurred.
  1 32    d.  Notwithstanding other provisions of this chapter
  1 33 relating to a delayed registration of birth, if the delivery
  1 34 of a fetus which is designated as a fetal death occurred prior
  1 35 to July 1, 2001, the mother or father may file a delayed
  2  1 certificate of birth as directed by the state registrar,
  2  2 subject to evidentiary requirements to substantiate the facts
  2  3 of the delivery.
  2  4    2.  If the mother was married at the time of conception,
  2  5 delivery, or at any time during the period between conception
  2  6 and delivery, the name of the husband shall be entered on the
  2  7 certificate as the father of the child unless paternity has
  2  8 been determined otherwise by a court of competent
  2  9 jurisdiction, in which case the name of the father as
  2 10 determined by the court shall be entered by the department.
  2 11    3.  If the mother was not married at the time of
  2 12 conception, delivery, and at any time during the period
  2 13 between conception and delivery, the name of the father shall
  2 14 not be entered on the certificate of birth, unless paternity
  2 15 is otherwise legally established, in which case the name of
  2 16 the father as established shall be entered by the department.
  2 17 If the father is not named on the certificate of birth, no
  2 18 other information about the father shall be entered on the
  2 19 certificate.
  2 20    4.  The provisions relating to the fee for registration of
  2 21 a certificate of birth and the fee for a certified copy of a
  2 22 certificate of birth established pursuant to section 144.13A
  2 23 apply to a certificate of birth under this section.
  2 24    5.  The department may adopt rules relating to the form to
  2 25 be used for a certificate of birth and the procedure to be
  2 26 used under this section.
  2 27    6.  For the purposes of this section, "fetal death" means a
  2 28 fetal death which occurs in this state after a gestation
  2 29 period of twenty completed weeks or greater, or a fetus with a
  2 30 weight of three hundred fifty grams or more.
  2 31    Sec. 2.  Section 135G.18, subsection 1, Code 2001, is
  2 32 amended to read as follows:
  2 33    1.  A completed certificate of birth shall be filed
  2 34 pursuant to section 144.13 or section 144.13B, and the
  2 35 registration fee pursuant to section 144.13A shall be charged
  3  1 and remitted.  
  3  2                           EXPLANATION 
  3  3    This bill provides for the filing of a certificate of birth
  3  4 for a fetus which is designated as a fetal death.  Under the
  3  5 bill, fees associated with registration of a certificate of
  3  6 birth and with obtaining a certified copy of a certificate of
  3  7 birth also apply to these certificates of birth.  
  3  8 LSB 1621XS 79
  3  9 pf/pj/5.1
     

Text: SF00077                           Text: SF00079
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Bills and Amendments: General Index     Bill History: General Index

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