Fetal Death Vs. Infant Death
In order to understand when to file a Certificate of Fetal Death, it is important to recognize
the difference between a fetal death, a live birth, and an infant death. A fetal death is a death
that occurred before labor or during labor or delivery. An infant death is a death that occurred
after delivery, up to one year of age.
A Certificate of Fetal Death is filed when a delivery weighing 350 grams or more, or if the
weight is unknown, a fetus aged 20 weeks or more as calculated from the start date of the
last normal menstrual period to the date of delivery results in a fetus that shows no evidence
of life. The fetal death is indicated by the fact that after complete expulsion or extraction from
the mother, the fetus does not breathe or show any other evidence of life, such as beating of
the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles,
regardless of whether the umbilical cord has been cut or the placenta is attached. [25 TAC
§181.1 (11)]
If there are any signs of life after delivery (breathing, beating of the heart, pulsation of the
umbilical cord, or definite movement of voluntary muscles), whether or not the umbilical cord
has been cut or the placenta is attached, this event is a live birth. [25 TAC §181.1(18)] A
Certificate of Birth must be filed, even if the infant lives for only a very short period of time,
regardless of the weight or length of gestation or the infant’s chances of survival. If the infant
dies after delivery, a standard death certificate must also be filed.
Fetus or Infant Found Dead
When an abandoned infant or fetus is found dead, a question may arise as to whether the
event should be registered as a fetal death, or as a live birth followed by an infant death. The
case must be referred to the medical examiner or justice of the peace for investigation and
certification because the body was found abandoned. If the medical examiner or justice of
the peace believes that the infant died prior to delivery, and the weight of the fetus is at least
350 grams or more, then the death must be registered using the Certificate of Fetal Death.
If the medical examiner or justice of the peace believes that the infant lived after delivery,
even if only for a short time, then the death should be registered using the standard
Certificate of Death, regardless of the weight. The medical examiner or justice of the peace
must also ensure that the birth of the infant is registered using the Certificate of Birth. The
fetal death certificate or death certificate must be filed with the local registrar in the
registration district in which the fetus or infant was found.
Who Must File a Fetal Death Certificate
The fetal death certificate must be filed by the person in charge of interment or disposition of
the body, or by the person in charge of removal of the body from the registration district for
disposition. [HSC §193.002] If arrangements for disposition of the fetus are made through a
funeral home, the funeral director should complete the fetal death certificate, with input from
the institution where the delivery occurred and the attending physician. If the fetus has been
surrendered to the hospital or birthing center for disposition, the institution is solely
responsible for completing and filing the Certificate of Fetal Death.
The person responsible for filing the fetal death certificate must obtain the required
information from the person or source best qualified to provide the information. Fetal death