SENATE HEALTH, HUMAN SERVICES AND SENIOR CITIZENS COMMITTEE

STATEMENT TO

SENATE, No. 1771

with committee amendments

STATE OF NEW JERSEY

DATED: MAY 19, 2003

      The Senate Health, Human Services and Senior Citizens Committee reports favorably and with committee amendments Senate Bill No. 1771.

      As amended by committee, this bill establishes a certificate of birth resulting in stillbirth for a fetal death occurring in this State after a gestational period of 20 or more weeks. This certificate shall be offered to the parent of a stillborn child. In many cases, a stillborn child is carried to term, yet the parent is only provided with a certificate of fetal death. This bill will allow parents and families to receive a certificate of birth resulting in stillbirth in addition to the certificate of fetal death. The bill provides that when a birth resulting in stillbirth is not registered within one year after the date of delivery, a certificate marked "delayed" may be filed and registered.

      The bill takes effect on the 60th day following enactment, but shall apply to stillbirths that occurred before, on or after the effective date.

      Current New Jersey law requires a certificate of fetal death for every stillbirth in the State, which includes any death prior to the complete expulsion or extraction from its mother of a product of conception, provided that 20 or more weeks of gestation have elapsed prior to the delivery. The stillbirth is indicated by the fact that after delivery the fetus does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord or definite movement of voluntary muscles.

      The committee amended the bill to provide that the provisions of the bill shall apply to stillbirths that occurred before, on or after the effective date of the bill.

      This bill is similar to Assembly Bill No.2335 (Kean/Asselta), which is pending before the Assembly Health and Human Services Committee.