Grieving Families Act

Posted in Latest News on June 20, 2017.

Nonviable birth certificates to be filed by Bureau of Vital Statistics

On May 31, 2017, Governor Rick Scott approved House Bills 101 and 103, which create a new law entitled the “Grieving Families Act” that amends section 382.008, Florida Statutes. This new law creates a new Certificate of Nonviable Birth to be filed by the Department of Health, Bureau of Vital Statistics and is effective July 1, 2017. Below are highlights of the new law:

  • The new law requires a health care practitioner to notify the parent(s) that a certificate of nonviable birth may be filed for them.
  • Definition of a “nonviable birth” is an unintentional, spontaneous fetal demise occurring between the 10th through the 19th week of gestation of a pregnancy that has been verified by a health care practitioner.
  • If a parent(s) wishes to file a certificate of nonviable birth, then the health care practitioner and/or health care facility will have 30 days to file a record with the Bureau of Vital Statistics.

    • A new form DH 8000-HSPM, entitled Florida Certificate of Nonviable Birth has been created for such filing (attached).
    • Form DH 8000-HSPM is to be sent directly to the Bureau of Vital Statistics for filing via fax or mail within 30 days of parent(s) request.

      • Fax number is 1-866-624-8321 (toll free) or 904-301-3696 (local)
      • Mailing address: Bureau of Vital Statistics, P.O. Box 210, Jacksonville, FL 32231.
  • A Florida Certificate of Nonviable Birth certificate will be issued only by the Bureau of Vital Statistics, pursuant to a parent’s request and remittance of the required fee. Certificates of Nonviable Births are $9.00 for the first certificate and $4.00 for additional copies when ordered at the same time.

    • Information included on the certification:

      • Name
      • Percentage**
      • Date of Occurrence
      • County of Occurrence
      • Issue Date
      • Statement – “This certificate is not proof of live birth and has been issued in accordance with section 382.008 Florida Statutes”
  • The Certificate of Nonviable Birth is a public record.

    • **However, parentage information is confidential and will only be available to the parent(s) listed on the record. Public record requests will have the confidential portion redacted.
  • This bill is retro-active. A parent(s) may request a health care practitioner to file a Certificate of Nonviable Birth regardless of the date on which the nonviable birth occurred.

You may use the new DH 8000-HSPM form effective July 1, 2017. If you have any questions or concerns, please contact the Vital Statistics Help Desk at 1-866-295-5902, Monday through Friday from 8:00am – 6:00pm ET or Saturday from 9:00am – 2:00pm ET. Thank you.

An informational brochure has been created to help you and families learn about the new law. Grieving Families Act Brochure

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