N.M. Admin. Code § 7.2.2.18

Current through Register Vol. 35, No. 21, November 5, 2024

Section 7.2.2.18 - CERTIFICATES OF STILL BIRTH

A.Form of Fetal Death Report: The state registrar shall prescribe the form and content of a spontaneous fetal death report.

B.Application: The state registrar shall prescribe the form and content of an application for a certificate of still birth which shall specify the information necessary to prepare the certificate.

C.Form of certificate of still birth: The state registrar shall prescribe the form of a certificate of still birth and such form shall be distinct from the form for a certificate of live birth.

(1) A certificate of still birth shall include the state file number of the corresponding spontaneous fetal death report.

(2) The certificate of still birth shall contain the phrase "This certificate of still birth cannot be used as proof of a live birth or for any other purpose".

D.Information on certificate of still birth: If requested, the state registrar shall create a certificate of still birth based on the information contained in a report of spontaneous fetal death filed with the bureau in accordance with New Mexico law. The items listed in Section 24-14-22 1978 NMSA are not limited and may include the name of the father or second parent if the woman was married at the time of delivery or within 300 days. If the mother is not married, then the name of the biological father of the fetus can be added by completing an Acknowledgement of Paternity form.

E.Who may request a certificate of still birth: Only a person designated as a parent on a report of spontaneous fetal death may request and receive a certificate of still birth pertaining to that spontaneous fetal death.

F.Cost: Certificates of still birth will be issued upon receipt of the statutory fee to the requesting parent.

G.Amendments: The bureau will not accept or process requests for substantive amendments to a certificate of still birth. Minor or clerical errors may be remedied if information on the application for a certificate of still birth differs from the report of spontaneous fetal death filed with the bureau.

H.Retroactivity: The bureau shall create certificates of still birth for still birth events that occurred from January 1980 forward if a report of spontaneous fetal death was filed with the bureau. The bureau does not have information to create certificates of still birth for still birth events prior to January 1980. If data held by the bureau for the creation of retroactive certificates of still birth is incomplete, supplemental information may be provided by the mother at the time of application for a retroactive certificate and such information will be accepted at the discretion of the state registrar.

I.Retention of fetal death reports: Spontaneous fetal death reports filed after the finalization of this rule Section 7.7.2.18 NMAC shall be maintained as permanent records of the bureau. Spontaneous fetal death reports filed prior to the finalization of this rule, 7.2.2.18 NMAC, but maintained by the bureau pursuant to 7.2.2.15 NMAC (prior to amendment) shall be permanently maintained by the bureau to support the creation of retroactive certificates of still birth.

N.M. Admin. Code § 7.2.2.18

Adopted by New Mexico Register, Volume XXX, Issue 20, October 29, 2019, eff. 10/29/2019, Adopted by New Mexico Register, Volume XXXIII, Issue 24, December 27, 2022, eff. 12/27/2022