GRIEVING FAMILIES ACT
In 2017, Florida's Governor Rick Scott signed into law the Grieving Families Act, which amends Section 382.0086 Florida Statutes. The law allows for the creation and issuance of a Certificate of Nonviable Birth. A Certificate of Nonviable Birth is not proof of live birth and may not be used to establish identity.
A Nonviable Birth is defined as an unintentional, spontaneous fetal demise occurring between the 10th through the 19th week of gestation of a pregnancy that has been verified by a health care practitioner.
This law requires health care practitioners to notify the parent(s) that a Certificate of Nonviable Birth may be filed for them. If a parent(s) wishes to file a Certificate of Nonviable Birth, then the health care practitioner and/or health care facility will have 30 days to file a record with the Bureau of Vital Statistics. A parent(s) may request a health care practitioner to file a Certificate of Nonviable Birth regardless of the date on which the nonviable birth occurred.
Once the record is received by the Bureau of Vital Statistics certifications may be issued upon request. The Certificate of Nonviable Birth is a public record, however, parentage information is confidential and will only be available to the parent(s) listed on the record and will require copy of valid ID. Issuance is from the Bureau of Vital Statistics only; county offices cannot issue this certificate.
Once the record has been filed, applicants may complete and submit an Application for Nonviable Birth to request certifications. Nonviable Birth Application.
An informational brochure is available for health care practitioners to provide to parents. Nonviable Birth Brochure. For questions, families should be referred to Customer Service at the state office, (904) 359-6900 ext. 9000.