The New York State Department of Health and the New York City Department of Health both issue Fetal Death Certificates. If the fetal death occurred outside of New York City (NYC), the mother (patient) may obtain a certificate from the New York State Department of Health.
If the fetal death occurred in New York City, she could obtain a certificate from the NYC Department of Health. According to New York State Public Health Law, fetal death is defined as death while still in the mother. A miscarriage is defined as the sudden loss of a pregnancy before the 20th week of pregnancy.
The formal record of birth and death is the Fetal Death Certificate. No birth certificate is provided in the event of a fetal death.
Stillbirth or miscarriage is the death of a fetus before or during birth. After a stillbirth or miscarriage, a medical facility or funeral director registers the death of the fetus with the Department of Health and Mental Hygiene (DOHMH).
In New York City, two types of stillbirth or miscarriage certificates are available. The type depends on the gestational age of the fetus:
- A certificate of miscarriage, i.e., the spontaneous termination of a pregnancy, certifies that there was a fetal death that happened before or during the 20th week of gestation;
- A certificate of stillbirth certifies that there was a fetal death that happened after the 20th week of gestation.
If a person’s child was born with some signs of life, such as a heartbeat or voluntary muscle movement, the infant would have both a birth certificate and a death certificate. A person must apply for each certificate separately.
The New York State Department of Health also issues Certificates of Stillbirth. Parents can receive a certificate from the NYS Department of Health if the stillbirth took place outside of New York City. Parents may obtain the certificate from the New York City Department of Health if the stillbirth took place in New York City.
The State Health Department does not certify the Certificate of Stillbirth. If some other state agency asks for a certified copy, they may not accept the Certificate of Stillbirth.
To make a change or correction to a death record in New York, including a fetal death certificate, a person must complete an Application for Correction of Certificate of Death. They must also supply the supporting documentation required so that it is clear that any correction or other change is made accurately and efficiently.
The following people may request a correction or change to a death certificate:
- The spouse of record of the decedent;
- A parent, child, or legal guardian of the decedent;
- The decedent’s sibling;
- Any person, if the request is made within six months of death;
- The funeral firm that handled the disposition of the decedent’s remains if within six months of the death;
- The Medical Certifier who handled the case; and
- Anyone with a court order.
A local New York attorney would be able to help a New York resident with these issues.
May I Only Apply by Mail or in Person for a Correction to a Birth Certificate?
Corrections to birth certificates must be submitted in person or by mail. A correction cannot be requested online.
Unauthorized vendors currently charge customers exorbitant amounts of money for help in obtaining a birth certificate. A person may have purchased a certificate from an unlicensed vendor and want to submit a complaint. If so, they may contact the NYC Department of Consumer Protection’s website or phone 311.
A person must be the person named on the birth certificate and at least 18 years old to request a correction to their birth certificate. If the person mentioned on the certificate is under the age of 18, their parent or legal guardian may also request a revision.
A person needs an appointment for all in-person orders. In New York City, a person might be unable to make an appointment and might have an emergency request for health care coverage, government services, military, housing, or work. If this is the case, a person may send an email to correctionsunit2@health.nyc.gov or contact 311.
If a person’s child is under 1 year old, the quickest and easiest approach to changing a birth certificate is to bring the original certificate and a completed birth certificate correction application to the hospital where the child was born.
If a child was born outside of New York City, the birth certificate may be corrected if an error was made when the record was filed. In fact, only birth records may be amended, and this may be done for a number of reasons, including the filing of an Acknowledgement of Paternity (LDSS-4418), adoption, a court judgment regarding paternity, or a court-ordered change of name.
When a birth record is amended, the original record and all documents relating to the change are placed under seal. The sealed records are then available only to someone who has an order from a New York State court. A new birth certificate is created with the change requested, and it is then the official record of the birth.
May I Add or Change a Child’s First or Middle Name?
A person must supply at least one of the following to change a child’s first or middle name on their birth certificate:
- An immunization record including the child’s initial name, date of birth, the name of the parent given on the birth certificate, and the health care facility’s stamp.
- The record must be more than 10 years old;
- The first census performed after birth (federal or state);
- A letter from the person’s doctor confirming their date of birth and correct name.
- The letter must be on official letterhead and must state that the person was treated by the physician 10 or more years ago. It must mention the first and last dates of visits to the physician;
- A letter from a school confirming the person’s date of birth and legal name.
- The letter must include the dates the person was registered and be from a school the person attended at least 10 years ago;
- A letter or paperwork from a religious institution stating the person’s precise birth date and name.
- The document must be at least 10 years old and must be printed on official letterhead. A person’s life insurance policy, which includes their birth date and legal name. The insurance coverage must be at least 10 years old.
A document must be at least 10 years old and must have been created before the child’s seventh birthday.
May I Change My Own First, Middle, or Last Name?
A documented valid court order of a name change order is required to change a person’s name on their birth certificate. If a person lives in New York City, they must apply to Civil Court for a legal name change. If a person lives outside of New York City, they may go to their local court and obtain a legal name change.
The date of birth, place of birth, and certificate number must all be included in the verified legal court order of a name change.
May I Change My Last Name?
A person must supply at least one of the following to achieve this:
- The birth certificate of the parent showing the correct spelling of the parent’s last name. The certificate must have a date that precedes the date of the birth;
- The parent’s passport with accurate spelling of the last name. The passport must have been issued before the date of the birth;
- If the parents were married before the child was born, the original marriage record/certificate;
- Certificate of US Naturalization for Parents;
- Certificate of birth of an elder sister or brother born to the same parents.
The information on a naturalization certificate must match the information about the parents that appears on the birth certificate. The parent’s last name on a certificate of naturalization must match the name proposed for the new certificate. The naturalization certificate must bear a date, which is the date of birth.
May I Change a Parent’s Name, Date of Birth, or Place of Birth
To achieve this, a person must supply at least one of the following:
- The original birth certificate with the correct spelling of the parent’s surname. The certificate must be dated before the birth date;
- If the parents were married before the child was born, the original record of marriage. This is only for correcting a last name;
- Certificate of birth of an elder sister or brother born to the same parents;
- A document from a religious institution displaying a person’s birth date, correct name, and parent’s correct name(s).
Before the child is born, a naturalization certificate or marriage record may be used to correct the child’s last name exclusively.
May I Include the Second Name of the Parent?
The mother’s marital status determines the conditions for adding a second parent’s name to a birth certificate. Any marriage certificate or other documentation must be submitted with the application. Divorce records must also be provided if the parent has been married more than 1 time.
May I Delete the Provider’s Name?
Unless the hospital where the child was delivered made a mistake and the child is 12 months or younger, a person must obtain a State Supreme Court Order to achieve this.
Instead of a court order, a person may obtain a letter from the hospital where a child was born saying that the hospital made a mistake. The letter must include the correct name of the child, the date of birth, and the names of both parents.
Suppose a healthcare provider’s medical license has been surrendered or revoked by the New York State Department of Health Office of Professional Medical Conduct. In that case, their name can be removed from a birth certificate. A person must produce a printout or hard copy demonstrating that the provider’s license was revoked.
If a person’s name appears on record or birth and the person is 18 or older, they can request that a provider’s name be removed.
May I Change the Gender Indicator on My Birth Certificate?
People born in New York City can now change the gender marker on their birth certificate to “X” as of 2019. To update the gender marker on a certificate, a person no longer needs a letter from a health care provider.
Who Is Capable of Correcting Errors?
In order to correct a certificate of miscarriage or stillbirth, the person who seeks the correction must be either:
- A parent whose name appears on the certificate. If both parents have died, a grandmother, aunt, or uncle will take their place.
- A funeral home director.
Do I Need the Help of an Attorney With My Certificate Change Issue?
You may wish to change any of the certificates mentioned above. If so, you should consult an experienced family lawyer in New York to get guidance and establish whether you have the standing to correct or change certificates of birth, miscarriage, or stillbirth. Your lawyer will be able to help you with the technicalities of these issues and get you the result you want.
