PRESS RELEASE
Albany- NY, For the past 5 years a bill (A8960) has been before the New York State Government that would allow parents of stillborn babies to request and pay for a Certificate of Birth Resulting in Stillbirth. The Senate has passed this bill with an overwhelming majority in each of the last two sessions while the Assembly has continued to stall it in the Ways & Means committee.
Currently, New York State does not issue any certificate to legally acknowledge the existence of these little loved ones who deeply touched our hearts – nearly 2,000 every year.
Stillbirth is the ultimate woman’s issue. An issue that, up until this very moment in time, has been swept under the rug, hidden in the closet, pushed into the shadows. Mothers and fathers have been denied the acknowledgment, the comfort and the dignity, that is due them. This is not a complex issue - it should not fall victim to anyone’s political agenda. These women- these mothers- carried and gave birth to their babies. Parents are required by the state to bury or cremate their baby. How can you die if you were never born? Recognizing the birth of these babies is the psychologically humane, medically appropriate, and logical thing to do.
In recent years, our bill has been re-written to address the concerns of opposing groups. Its current language is medically accurate and abides New York State laws. In fact, this bill does not change existing NYS Public Health Law, which already recognizes a fetal demise as both a birth and a death; it simply gives official recognition of the childbirth parents who face this tragedy have endured.
In 2001, Arizona was the first state to pass this bill. Since that time, twenty-two (22) states have passed this bill: Arizona, Arkansas, California, Florida, Georgia, Indiana, Louisiana, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, Nebraska, New Jersey, North Dakota, Rhode Island, South Carolina, South Dakota, Texas, Utah, Virginia and Wisconsin. Over seven years and in twenty three (23) states there have been absolutely no repercussions in regard to any of the issues in which this bill raises concern. . The certificates being issued are not certificates of live birth; hence they will have no ramifications legally, or for insurance, inheritance, or prosecutorial purposes. Yet still, behind the scenes, powerful lobbies work to oppose the Assembly bill, marginalizing grieving families across New York. As the Senate continues to pass the bill each session, it has stalled twice in the Assembly. A8960 has been twice approved by the Health Committee, which deals directly with the groups that most aggressively oppose us. Why isn’t this bill on the agenda for the Ways and Means Committee? There is NO financial cost to the state. In fact, the attached fee for the certificate would be revenue generating.
As one of the most politically influential state governmental systems, New York should be a leader in the fight to recognize those who have endured the physical and emotional pain of the birth process without the joy of being able to take their babies home. Second only to California in number of stillbirths each year, New York should be leading the charge to support this woman’s issue and to advance research to uncover causes and warnings signs that could save countless lives. Nearly 2,000 babies are born still in New York – a number ten times more than SIDS, a number comparable to AIDS related deaths each year.
The current language of Assembly bill 8960 makes it unmistakably clear that its purpose is to recognize the love of parents whose birth experience will be the most tragic time of their lives. Still, our strongest opposition comes from pro-choice groups that continue to thrust grieving families in the middle of a battle that is not theirs: Abortion. Stillbirth and abortion are mutually exclusive events. Stillbirth is unintended and naturally occurs late in the pregnancy. Abortion is intentional, medically induced, and statistically occurs early in pregnancy. We have done everything to assuage the concerns of these lobby groups, including adding language that defined stillbirth as an “unintended intrauterine death post twenty weeks gestation” and reiterating that the certificate is not proof of a live birth. That could not be more clear.
It is time for New York legislators to act upon what is right. It is time for New York legislators to act upon what is right. It is what families want. It is pro-woman. It is pro-family. It is pro-choice. The choice of a Certificate of Birth Resulting in Stillbirth is what is right.
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