50-15-209. Certificate of nonviable birth -- requirements. (1) The department shall establish a certificate of nonviable birth on a form adopted by the department and meeting the requirements of subsection (4). On request by a parent, a certificate of nonviable birth must be filed and be provided to the parent.

(2) The department shall make available on its website information to advise a parent:

(a) of the manner in which a request for a certificate of nonviable birth may be made; and

(b) that the parent must request the certificate within 60 days of the nonviable birth.

(3) A request for a certificate of nonviable birth must:

(a) be made within 60 days of the birth on a form prescribed by the department by rule; and

(b) include the date of the nonviable birth and the county in which the birth occurred.

(4) The certificate of nonviable birth prepared by the department must contain:

(a) the date of the nonviable birth;

(b) the county in which the birth occurred;

(c) the name of the fetus. If the requesting parent does not wish to provide a name, the department shall fill in the certificate with the name "baby boy", "baby girl", or, if the sex of the child is unknown, "baby" and the last name of the parent as provided in 50-15-221.

(5) The following statement must appear on the front of the certificate: "This certificate is not proof of a live birth".

(6) A certificate of nonviable birth is a private commemorative document and is not a public record.

(7) It is a final agency action, not subject to review under the Montana Administrative Procedure Act, for the department to refuse to issue a certificate of nonviable birth to a person who has failed to provide information required by the department by rule for issuance of the certificate.

(8) The department may not use a certificate of nonviable birth to calculate live birth statistics.

(9) This section may not be used to establish, bring, or support:

(a) a civil cause of action seeking damages against any person or entity for bodily injury, personal injury, or wrongful death for a nonviable birth; or

(b) a criminal cause of action against any person or entity for a nonviable birth.

(10) The department shall adopt rules as to the form, content, and process for the certificate of nonviable birth.