PART VIII. COMMEMORATIVE CERTIFICATE OF MISCARRIED CHILD

§101. Commemorative certificate of miscarried child; requirements

            A. The state registrar shall establish a commemorative certificate of miscarried child. For the purposes of this Part, "miscarried child" means an unintentional, spontaneous fetal demise occurring at or prior to the twentieth week of gestation during a pregnancy.

            B.(1) A licensed healthcare practitioner who attends or diagnoses a miscarried child or a licensed healthcare facility where the birth of a miscarried child occurs may advise a patient who experiences a miscarried child that the patient may request a commemorative certificate as provided for in this Section.

            (2) The vital records registry shall provide on its website a form that may be completed by a healthcare practitioner or his designee affirming that he attended or diagnosed a patient who experienced a miscarried child.

            C. Upon request of the patient and submission of a completed form provided for in this Section, the vital records registry shall issue a commemorative certificate of miscarried child. If requested, one copy of the commemorative certificate of miscarried child shall be provided by the vital records registry at no cost. Additional copies shall be subject to the same fees as a certificate of live birth as provided in R.S. 40:40.

            D.(1) The commemorative certificate shall contain the name of the fetus and the gender, if known. If the name is not furnished by the patient, the vital records registry may complete the commemorative certificate with the name "Baby Boy" or "Baby Girl" and the last name of the patient. If the gender of the fetus is unknown, the department shall fill in the commemorative certificate with the name "Baby" and the last name of the patient.

            (2) The front of the commemorative certificate shall include a disclaimer stating that the commemorative certificate is not proof of a live birth.

            E.(1) The vital records registry shall not register a birth associated with a commemorative certificate issued pursuant to this Section nor use it to calculate live birth statistics.

            (2) A commemorative certificate is commemorative in nature and has no legal effect.

            (3) A commemorative certificate issued according to this Section shall not be used to establish, bring, or support a civil cause of action seeking damages against any person or entity for bodily injury, personal injury, or wrongful death of a miscarried child.

            Acts 2023, No. 353, §1.