The legislature recognizes that a principal duty of governments is to promote and protect the health and safety of their residents. In addition to providing essential health and safety functions through fire and law enforcement agencies, local governments support public health and safety in the collection and maintenance of vital statistics through a single comprehensive vital records system that is operated and maintained by the department of health, and through the issuance of official certifications associated with births and deaths.
The legislature further recognizes that the ability to obtain a certification of birth resulting in stillbirth may provide comfort to some who have experienced the trauma of a stillbirth.
In recognition of the foregoing, the legislature intends to create a new process allowing any person who gives birth to a stillborn fetus to request and receive a certification of birth resulting in stillbirth from the applicable state or local registrar.
The legislature furthermore recognizes that a woman's rights to reproductive freedom and equal protection under the law are rights protected through Washington's statutes, judicial decisions, and the state and federal Constitutions. Nothing in this legislation shall alter a woman's rights to reproductive freedom and equal protection under the law.
This section modifies existing section 70.58A.530. Here is the modified chapter for context.
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A certification issued in accordance with this section is considered for all purposes the same as the original vital record and is prima facie evidence of the facts stated therein.
An informational copy is not considered the same as the original vital record and does not serve as prima facie evidence of the facts stated therein.
The state and local registrar shall issue all certifications registered in the vital records system from the state's central vital records system database upon submission by a qualified applicant of all required information and documentation required either by this chapter or by rule, or both, and shall ensure that all certifications include:
The date of registration; and
Security features that deter altering, counterfeiting, or simulation without ready detection as required under this chapter.
A person requesting a certification of birth, death, fetal death**, or birth resulting in stillbirth** must submit an application, identity documentation, evidence of eligibility, and the applicable fee established in RCW 70.58A.560 to the state or local registrar.
For a certification of birth, the state or local registrar may release the certification only to:
The subject of the record or the subject of the record's spouse or domestic partner, child, parent, stepparent, stepchild, sibling, grandparent, great grandparent, grandchild, legal guardian, legal representative, or authorized representative; or
A government agency or court, if the certification will be used in the conduct of the agency's or court's official duties.
The state registrar may issue an heirloom certification of birth to a qualified applicant consistent with subsection (4) of this section. The heirloom certification of birth must contain the state seal and be signed by the governor.
The state registrar may issue a certification of a birth record registered as delayed under RCW 70.58A.120 or 70.58A.130 to a qualified applicant consistent with subsection (4) of this section. The certification must:
Be marked as delayed; and
Include a description of the evidence or court order number used to establish the delayed record.
The state registrar may issue a certification of a birth record for a person adopted under chapter 26.33 RCW and registered under RCW 70.58A.400 to a qualified applicant consistent with subsection (4) of this section. The certification:
Must not include reference to the adoption of the child; and
For children born outside of the state, must be issued consistent with the certification standards of this section, unless the court orders otherwise.
When providing a birth certification to a qualified applicant under this chapter, the state or local registrar shall include information prepared by the department setting forth the advisability of a security freeze under RCW 19.182.230 and the process for acquiring a security freeze.
For a certification of death, the state or local registrar may release the certification only to:
The decedent's spouse or domestic partner, child, parent, stepparent, stepchild, sibling, grandparent, great grandparent, grandchild, legal guardian immediately prior to death, legal representative, authorized representative, or next of kin as specified in RCW 11.28.120;
A funeral director, the funeral establishment licensed pursuant to chapter 18.39 RCW, or the person having the right to control the disposition of the human remains under RCW 68.50.160 named on the death record, within twelve months of the date of death; or
A government agency or court, if the certification will be used in the conduct of the agency's or court's official duties.
The state or local registrar may issue a short form certification of death that does not display information relating to cause and manner of death to a qualified applicant. In addition to the qualified applicants listed in subsection (9) of this section, a qualified applicant for a short form certification of death includes:
A title insurer or title insurance agent handling a transaction involving real property in which the decedent held some right, title, or interest; or
A person that demonstrates that the certified copy is necessary for a determination related to the death or the protection of a personal or property right related to the death.
The state or local registrar may issue reports of fetal death either as a certification of a fetal death or as a certification of birth resulting in a stillbirth, or both.
When issuing a certification of fetal death, the state or local registrar may release the certification only to:
A parent, a parent's legal representative, an authorized representative, a sibling, or a grandparent;
The funeral director or funeral establishment licensed pursuant to chapter 18.39 RCW and named on the fetal death record, within twelve months of the date of fetal death; or
A government agency or court, if the certification will be used in the conduct of the agency's or court's official duties**.**
When issuing a certification of birth resulting in stillbirth, the state or local registrar may release the certification only to the individual who gave birth listed on the fetal death record.
A certification of birth resulting in stillbirth must comply with the format requirements prescribed by the state registrar and be in a format similar to a certification of birth.
The certification of birth resulting in stillbirth must contain a title at the top of the certification that reads: "This certificate of birth resulting in stillbirth is not proof of a live birth and is not an identity document."
Nothing in this subsection (13):
May be the basis for a civil cause of action seeking damages or criminal charges against any person or entity for bodily injury, personal injury, or wrongful death for a stillbirth;
Shall alter a woman's rights to reproductive freedom or equal protection under the law, or to alter or supersede any other provision of law; and
Except for the right to request a certification of birth resulting in stillbirth, may constitute the basis of any new right, privilege, or entitlement, or abrogate any existing right, privilege, or entitlement.
The state or local registrar shall review the identity documentation and evidence of eligibility to determine if the person requesting the certification is a qualified applicant under this section. The state or local registrar may verify the identity documents and evidence of eligibility to determine the acceptability and authenticity of identity documentation and evidence of eligibility.
The state or local registrar may not issue a certification of birth or fetal death**, including a certification of birth resulting in stillbirth,** that includes information from the confidential section of record, except as provided in subsection (16) of this section.
The state registrar may release information contained in the confidential section of the birth record only to the following persons:
The individual who is the subject of the birth record, upon confirmation of documentation and evidence of identity of the requestor in a manner approved by the state board of health and the department. The state registrar must limit the confidential information provided to the individual who is the subject of the birth record's information, and may not include the parent's confidential information; or
A member of the public, upon order of a court of competent jurisdiction.
A person requesting a certification of marriage, dissolution of marriage, or dissolution of domestic partnership currently held by the department must submit an application and the applicable fee established in RCW 70.58A.560 to the state registrar.
The state registrar may mark deceased on a birth certification when that birth record is matched to a death record under RCW 70.58A.060.
The state or local registrar must issue an informational copy from the central vital records system to anyone. Informational copies must contain only the information allowed by rule. Informational copies of death records must not display information related to cause and manner of death.
A person requesting an informational copy must submit an application and the applicable fee established in RCW 70.58A.560 to the state or local registrar.
If no record is identified as matching the information provided in the application, the state or local registrar shall issue a document indicating that a search of the vital records system was made and no matching record was identified.
All government agencies or courts to whom certifications or informational copies are issued must pay the applicable fee for certifications established in RCW 70.58A.560.
The state or local registrar must comply with the requirements of this chapter when issuing a certification or informational copy of a vital life event.
The department may issue, through electronic means and processes determined by the department, verifications of information contained on birth or death records filed with the department when a verification is requested by a government agency, insurance company, hospital, or any other organization in the conduct of its official duties for fraud prevention and good governance purposes as determined by the department. The department shall charge a fee for a search under this subsection.
For the purposes of this section**:**
"Qualified applicant" means a person who is eligible to receive a certification of a vital record based on the standards established by this chapter and department rule.
"Stillbirth" means the same as fetal death as defined in RCW 70.58A.010**.**