‘‘(i) as a result of a miscarriage or 
stillbirth attended by or diagnosed by the 
certifying practitioner; and 
‘‘(ii) not as a result of an induced 
abortion or any other act that was in-
tended by the mother to cause the death of 
the unborn child, including through the use 
of any abortion-inducing drug, but not in-
cluding any treatment of an ectopic preg-
nancy; 
‘‘(6) a written certification from the mother of 
the unborn child stating, under penalty of perjury 
pursuant to section 1746 of title 28, United States 
Code, that the unborn child died as described in 
paragraph (9)(B); and 
‘‘(7) any other information as the Director may 
require. 
‘‘(b) CERTIFICATE
OF
MISCARRIAGE
OR
STILL-
BIRTH.—Within 60 days of receipt of a form certifying 
a miscarriage or stillbirth submitted by a qualifying health 
care practitioner under subsection (a), the Secretary, act-
ing through the Director, shall issue to the requesting par-
ent a certificate of miscarriage or stillbirth that includes— 
‘‘(1) a unique identification number for the un-
born child who was miscarried or stillborn; 
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‘‘(2)(A) the name of the unborn child, as pro-
vided on the form under subsection (a); or 
‘‘(B) if a name does not appear on such original 
or amended form and the requesting parent does not 
wish to provide a name for the unborn child, ‘baby 
boy’ or ‘baby girl’, as applicable (or ‘baby’ if the 
child’s sex is unknown), and the last name of the 
parent; 
‘‘(3) the probable gestational age of the child; 
‘‘(4) the following statement, which shall appear 
on the front of the certificate: ‘This certificate is not 
proof of a live birth’; 
‘‘(5) the names of the parents; and 
‘‘(6) any other information as the Director may 
require. 
‘‘(c) FEES.—The Secretary, acting through the Di-
rector, may require payment of a fee from the requesting 
parent for obtaining a certificate of miscarriage or still-
birth under subsection (b), in an amount that is not great-
er than the actual cost of processing such certificate. 
‘‘(d) DISCLOSURE.—Information submitted to the 
Secretary under subsection (a) and issued by the Sec-
retary under subsection (b) shall be confidential, and shall 
not be disclosed other than as provided in such subsections 
or as otherwise used in the administration of the child tax 
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credit allowed under section 24 of the Internal Revenue 
Code of 1986. 
‘‘(e) DEFINITIONS.—For purposes of this section— 
‘‘(1) MISCARRIAGE.—The term ‘miscarriage’ 
means the involuntary death of an unborn child who 
was carried in the womb for a period of less than 
20 weeks. 
‘‘(2) 
QUALIFYING
HEALTH
CARE
PRACTI-
TIONER.— 
‘‘(A) IN GENERAL.—The term ‘qualifying 
health care practitioner’— 
‘‘(i) means an individual who is li-
censed to practice medicine and surgery, 
osteopathic medicine and surgery, or mid-
wifery, or who is otherwise legally author-
ized to perform births and to diagnose and 
attend miscarriages or stillbirths; and 
‘‘(ii) excludes any such individual who 
is acting within the scope of employment 
with, self-employment as or with, or volun-
teer service for, an abortion center. 
‘‘(B) ABORTION
CENTER.—For purposes 
of subparagraph (A)(ii), the term ‘abortion cen-
ter’— 
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‘‘(i) means any entity for which at 
least one percent of its gross receipts are 
from performing abortions (including the 
use or prescription of any abortion-induc-
ing drug, but excluding any procedure that 
is necessary to prevent the death of a preg-
nant mother whose life is endangered by a 
physical disorder, physical illness, or phys-
ical injury, including a life-endangering 
physical condition caused by or arising 
from the pregnancy itself, so long as every 
reasonable effort is made to preserve the 
lives of both the pregnant mother and her 
unborn child); 
‘‘(ii) includes the entire legal entity 
described in clause (i), including any entity 
that controls, is controlled by, or is under 
common control with, such legal entity; 
and 
‘‘(iii) excludes any hospital (as defined 
in section 1861(e) of the Social Security 
Act). 
‘‘(3) STILLBIRTH.—The term ‘stillbirth’ means 
the involuntary death of an unborn child who was 
carried in the womb for 20 weeks or more. 
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‘‘(4) UNBORN CHILD.—The term ‘unborn child’ 
means an individual of the species homo sapiens, 
from the beginning of the biological development of 
that individual, including fertilization, until the point 
of the earlier of being born alive (as defined in sec-
tion 8(b) of title 1, United States Code) or death.’’. 
Æ 
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