Arkansas Signs Missing Angel Act

Published: Wednesday, August 15, 2007 11:23 AM CDT

Arkansas is one of the latest states in the nation to approve the issuance of birth certificates to parents of stillborn infants.

Act 509 of 2007 was approved by the 86th General Assembly this spring - by 35 to 0 in the Senate and 100-0 in the House. It took effect July 31. It authorizes the state Vital Records Division of the Arkansas Health Department to issue a "certificate of birth resulting in stillbirth" to the parent if such a certificate is requested. Officials who file death certificates in the state would be required to inform the parent or parents of a stillbirth that a "birth certificate for stillbirth" was available.

The parent or parents would still be required to pay the usual $12 certificate fee and, if they choose, can provide a name for the stillborn. If no name is provided, records personnel will be required to use "baby boy" or "baby girl," along with the last name of the parent seeking the certificate.

Stillbirth, under the law, is defined as "an unintended, intrauterine fetal death occurring in this state after a gestational period of not less than 20 completed weeks."

Arkansas joins at least 20 other states to adopt such certificates in the last six years. Proponents of the practice - primarily mothers who lost their babies in stillbirth - say it's a symbolic way to recognize their existence. Previously, only a death certificate was issue to a parent.

Nationally, some 29,000 stillbirths occur each year, including about 300 in Arkansas. The movement across the nation to get such certificates is called the "Missing Angel" effort.

In some states - but not Arkansas - there were some concerns that such a certificate could lead to insurance fraud or that the certificates would be a way for the state to identify a fetus as a "person" and, thus, a hindrance to abortion rights. Those involved in the Arkansas effort to make the certificates available made sure that their intentions were clear, and the issue sailed through both chambers and their respective committees.

Richard K. Olsen, Founder & Executive Director
THE NATIONAL STILLBIRTH SOCIETY