Wyoming Nonviable Birth Certificate Bill (SF 85)

SF 85 would require physicians to offer nonviable birth certificates.

The bill would require a physician, physician assistant or advanced practice registered nurse who attends or diagnoses a nonviable birth, or learns from a patient that the patient suffered a nonviable birth, to advise the patient that the patient may request:

• The filing and registration of a certificate of nonviable birth;
• A certified copy of a certificate of nonviable birth from vital records services.

The bill defines “nonviable birth” to mean “an unintentional, spontaneous demise of an unborn child that occurs any time after nine completed weeks gestation through 20 completed weeks gestation.”

The bill provides for duties and requirements related to the filing and registration of certificates. The bill provides for including records of nonviable births as vital records.

Form of Certificates

The bill would require certificates of nonviable birth to include the following items:

• The date on which the nonviable death occurred, if known, or was diagnosed;
• The county in which the nonviable death occurred, if known, or was diagnosed;
• The name of the miscarried child, if provided. If no name is provided, the first name “Baby Boy” or “Baby Girl”, or “Baby” if the the sex of the miscarried child is unknown, and the last name of the requesting parent;
• Any other items prescribed by vital records services.

Vital records services would have 60 days to issue a certified copy of a certificate of nonviable birth after receiving such a request.

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