Home > Pennsylvania Death Record > How is this fair please read?

How is this fair please read?

Okay Pa laws state a baby must take a breath in order to be considered a living person.

As most of you know we lost our daughter shortly after her birth. At 32 weeks. When she was born she had heart beat therefore being a living person. Pa is one of the only 3 states in the US to have laws that say a child must take a breath to be considered born. So that being said they say that my daughter was considered still born. Every single doctor who has worked with us that night we have spoken to they say she was absolutely not still born. I wondered why I didn’t receive a birth cert for Stefanie so I went to the records office and they told me to fill out a form and they would mail it to me they do not mail them out of respect of the mother. Well the next day I got a call from them and they said she would not get a birth cert because she did not take a breath on her own. And that has got me thinking. Now say she lived but could only breath by machines and say she was on these machines for 3 months. So to the state of Pennsylvania she is not born? So a child could be 3 months old and finally take that breath on their own and then considered born? So what would the birth cert say? They make these stupid laws without even thinking what they are doing. They say they won’t pass the law because of people who have abortions. Well think about how dumb that is if a person has an abortion than they must not have wanted the child so then why the hell would they worry about a birth cert. They have not given thought to the mothers and fathers who would like to have that acknowledgment. My daughter deserves a birth cert just as much as I do and you do and the person who made this silly law. I realize that a birth certificate really doesn’t mean anything but it would have still been nice to at least have something that showed she was here. In my eyes you are a living person when you have a heart beat she was outside of the womb for almost a half hour with a small heart beat. In my eyes, husband, and doctors we feel that is a living person. It is so upsetting I have shed so many tears in these past few months that I wouldn’t be surprised if I was dehydrated.

I’m posting to get your thoughts. Would you be upset and hurt by your child not being acknowledged. A person is alive when they have a heart beat do you agree? Just any answer is fine I guess.

We have a copy of the death cert. Now how can there be a death without a birth?

Thanks guys
We have her foot prints, blankets they wrapped her in and her hat, not to make anyone sad but in her hat is a little piece of hair that I just discovered a few days ago. Which is something because the day after I wished I had a lock of her long curly hair and I just happened to turn the hat inside out just to see and there it was. The hospital made us a hospital birth certificate which was very nice of them to do.

She was born May 9th at 11:08pm and the records say time of death was 11:55pm so she lived for almost an hour.

I just wish I could change this law but I’m not powerful enough. Maybe someday it will be changed and she will get what she deserves.

I am so sorry about your loss and the situation with your precious daughter. Im in OK, and the law here is a little different. Our daughter was born at 23 weeks, and lived for 4 hours. I was able to get a birth certificate fine, but couldn’t’ get a death certificate because the on call ped was new and didn’t ever file a death certificate. It was a huge mess – bad enough my daughter was dead, but 10 months later I had to PROVE that she was dead, and had died in the hospital. Finally my ob/gyn went to bat for me adn she wrote up the death certificate for our daughter. I would see if your ob would go to bat for you on this one. I think if she has a heartbeat it would be hard to say that she never took a single breath – but its all medical terminology – they don’t really leave much room for actuality or emotion.

I will be praying fro you and your family, and your precious baby girl. Yes, I would be absolutely upset. What is even more weird is that you have a death certificate and no birth certificate – I would make up my own birth certificate for her if I were you.

  1. Danyelle
    April 5th, 2010 at 16:45 | #1

    I honestly don’t know the answer to your question, but I am very sorry for your loss.

    My mother also lost a daughter, a bit earlier than yours, but her daughter lived for an hour. They still considered her still born. This was 21 years ago in Oregon. I don’t know much information about it simply because my mom doesn’t like to talk about it.

    I agree with everything you are saying. I hope someone else can give you someone to maybe contact to get more information. Especially the part about having a death certificate, without a birth certificate.

    Good luck hun, I’m very sorry!
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  2. scarletsalem
    April 5th, 2010 at 17:23 | #2

    It is just another example of how "man can not direct his steps"
    (quote from jeremiah in the bible) – meaning the way they have dealt with your situation and the laws about it etc. I feel for you losing your baby and trying to deal with it and hope you have a child soon to love and cuddle.
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  3. Stefani P
    April 5th, 2010 at 17:37 | #3

    I am so sorry about your loss and the situation with your precious daughter. Im in OK, and the law here is a little different. Our daughter was born at 23 weeks, and lived for 4 hours. I was able to get a birth certificate fine, but couldn’t’ get a death certificate because the on call ped was new and didn’t ever file a death certificate. It was a huge mess – bad enough my daughter was dead, but 10 months later I had to PROVE that she was dead, and had died in the hospital. Finally my ob/gyn went to bat for me adn she wrote up the death certificate for our daughter. I would see if your ob would go to bat for you on this one. I think if she has a heartbeat it would be hard to say that she never took a single breath – but its all medical terminology – they don’t really leave much room for actuality or emotion.

    I will be praying fro you and your family, and your precious baby girl. Yes, I would be absolutely upset. What is even more weird is that you have a death certificate and no birth certificate – I would make up my own birth certificate for her if I were you.
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  4. Aubri & Caleb’s Mommy!
    April 5th, 2010 at 17:50 | #4

    I agree with you. I actually read about a case in IL regarding babies who live for a short period of time after a live birth abortion and the state require that a birth cert. and a death cert. be issued. It’s really sad!
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  5. cococremejuju
    April 5th, 2010 at 18:23 | #5

    I’m sorry for your loss too. I had my son May 7, but he wasn’t due till August 30. I had an aminocentrisis done due to a false positive on a blood test, and this caused me to have a preterm labor and lose my child. The hospital gave me a birth certificate and took pictures of him and put it on a CD, but I didn’t get a death certificate as of yet. I think the funeral home said they don’t do a death certificate only a fetal monitor report. Hope my situation helps you out a little bit.
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    Single mother of only son.

  6. Britney
    April 5th, 2010 at 18:40 | #6

    If you have a copy of the death certificate take it down to the local courthouse and show them. They should issue you a birth certificate. There is no death without a birth.

    Sorry for your loss. =(
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  7. Michelle
    April 5th, 2010 at 18:49 | #7

    Although they aren’t as easy to detect – I would go as far as to say brain waves should count as "alive." I mean, if your brain is working – doesn’t that mean there is a good chance that you are thinking? That you have some clue as to what is going on around you?

    Either way, as far as I am concerned your daughter was very alive when she was born. And you are right – she does deserve to be acknowledged with a birth certificate.

    I am curious … Did they get her little foot prints anywhere? I don’t want to bring up a sad subject and I am sure that they had more important things to do, so don’t get your hopes up. But if they did happen to record her foot prints anywhere, maybe you could at least get that to put up in a frame in memory of her? Write a few sweet sentences about her. If you can’t get that – I hope you have a sonogram picture or something.

    I am so sorry to hear that you lost your daughter. I tear up every time I read it. And I am at a loss when you say you have a death cert. with no birth cert. … Those 3 states are very messed up indeed.
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  8. GREEN IS SEXXXY
    April 5th, 2010 at 19:29 | #8

    reading this just breaks my heart…of course your dd deserves a birth certificate! i’m so sorry you had to endure such a loss and i’m outraged that b/c of some bogus law, sweet Stefanie has not received the acknowledgment she so deserved.
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    my prayers for you and your family and for Stefanie.
    God Bless

  9. Dragonfly girl due 12.8 w/a Girl
    April 5th, 2010 at 19:45 | #9

    Oh wow. That is a good argument. How can there be a death certificate without a birth certificate and that is something that you would think stand up to the law. I would consider trying to call a legal person, for advice, one that gives free advice that is to see their opinion of this. Just a thought. Good luck honey, I hope you get it.
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  10. Busy Mommy of 3
    April 5th, 2010 at 20:23 | #10

    I think it’s totally absurd that a death certificate was issued but a birth certificate was not…that makes no sense…without a birth how can there be a death. Ignorance on the part of PA! It’s not fair, you are so right on that! I would be so upset, just as you are, that this has taken place. Time of birth 11:08 PM, time of death 11:55PM, this means Stefanie was LIVING for 47 minutes. Now I can see if the time of birth and the time of death were the same…but they are not…this makes no sense. I hope they change the law…this only causes the parents distress, nobody else…really what’s the big deal, issue a birth certificate!
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