Certificate of Birth Resulting in Stillbirth: How to Get One in Your State

What a CBRS Actually Is

A Certificate of Birth Resulting in Stillbirth (CBRS) is a state-issued document that acknowledges a birth occurred, even though the baby was not born alive. It looks like a birth certificate. It lists the baby's name, date of birth, parents' names, and the hospital — the same information you would find on any newborn's paperwork.

The critical difference: a CBRS is commemorative, not a legal identity document. It does not assign a Social Security Number, establish legal personhood, or create tax-dependent status. The federal government — the IRS and the Social Security Administration — does not recognize stillborn infants for tax exemptions or survivor benefits regardless of which state documents you hold.

That distinction causes real pain. You went through pregnancy, labor, and delivery, and the federal system treats the outcome as though the birth never happened.

Fetal Death Certificate vs. CBRS

Fetal-death reporting rules vary by state. CDC guidelines recommend reporting fetal deaths at 350 grams or more or, when weight is unknown, at 20 completed weeks or more; state law sets the actual threshold and filing process. This is a public-health record, not a commemorative document.

A CBRS is the opposite: optional, parent-requested, and designed specifically as recognition. You do not have to choose between them. The hospital or attending provider generally files any required fetal-death report under state law. You request the CBRS separately, usually through your state's vital records office.

Which States Offer a CBRS

Over 35 states have enacted some version of a Missing Angel Act or similar legislation that creates a CBRS. The specific name, eligibility threshold, and application process vary by state:

• Gestational thresholds range from 20 weeks in most states to 12 weeks in a few
• Retroactivity varies — some states issue certificates for losses that occurred before the law passed, others do not
• Naming requirements differ — most states allow parents to name the baby on the CBRS, but a few require the name to match the fetal death report

To request one, contact your state's Department of Vital Records or Bureau of Vital Statistics. The fee is typically $10 to $30, the same as ordering a copy of any vital record. Processing time ranges from 2 to 8 weeks.

What About the UK, Canada, and Australia

United Kingdom: Stillbirths at 24 weeks or later must be registered at a register office within 6 weeks (England/Wales), 3 weeks (Scotland), or 1 year (Northern Ireland). Parents receive a Stillbirth Certificate. For losses before 24 weeks, England introduced voluntary Baby Loss Certificates in February 2024 — non-statutory documents that formally acknowledge pre-viability losses.

Canada: Registration is mandatory at 20 weeks' gestation or 500 grams birth weight (whichever comes first). Parents complete a stillbirth registration form that mirrors live-birth registrations, and the province issues a formal certificate.

Australia: All states and territories define stillbirth as fetal death at 20 or more weeks' gestation (or 400 grams if gestational age is unknown). Registration is mandatory, and parents receive a Stillbirth Certificate.

Why This Piece of Paper Matters

There is nothing irrational about wanting documentation that your child existed. You carried this baby, you labored, you delivered. The CBRS is the administrative system catching up to what you already know.

The After a Stillbirth guide includes a civil registration tracker that walks through every document you need — the fetal death certificate, CBRS application, and any state-specific forms — with the filing deadlines and required supporting documents for the US, UK, Canada, and Australia.