Fetal Death Disposition Requirements
In 2020, there were 239 fetal deaths in Oregon compared to 40,371 live births (0.6%). It is important to know the difference between a fetal death and a live birth with a subsequent death, as well as when a Fetal Death Disposition and Transit Permit is required.
Oregon law (ORS 432.005) states that fetal death means death prior to the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy.
Fetal Death:
- When a fetus dies unintentionally, prior to the complete expulsion or extraction from its mother.
- The death is indicated by the fact that the fetus does not breathe or show any other evidence of life. Evidence of life includes beating of the heart, pulsation of the umbilical cord or definite movement of the voluntary muscles.
- A Fetal Death Disposition and Transit Permit is required to remove remains from the facility.
Live Birth with subsequent death:
- Infant does show evidence of life after expulsion or extraction from the mother. Evidence of life includes beating of the heart, pulsation of the umbilical cord or definite movement of the voluntary muscles.
- DO NOT file a fetal death report.
- DO NOT give the parents or funeral home a Fetal Death Disposition and Transit Permit. (The form is not legally valid for a live birth.)
- DO complete a report of live birth. (The funeral home will start the report of death.)
If you are unsure about whether a fetal death has occurred, we have developed a quick reference guide to assist you. This guide will also help you determine if a fetal death report is required to be filed with the Center for Health Statistics. (This depends on the weight of the fetus and/or the length of pregnancy.)
A Fetal Death Disposition and Transit Permit will need to be printed if fetal remains are removed from the facility. This permit is required even if a fetal death report was not filed. The permit must accompany the remains to the funeral home, cemetery or crematorium. Print two copies of the permit to give to the parents if they choose to move the remains themselves.
The form can be printed from OVERS in two ways:
- If a fetal death report if filed - click on Print Forms from the Other Links section of the Fetal Death Registration Menu.
- If no fetal death report is filed - click on the forms tab (near the top) for a blank form.
Note - the permit is titled Fetal Death Disposition Permit (45-3D) in OVERS. For questions about Fetal Death Disposition and Transit Permit, contact our Registration department at CHS.Registration@dhsoha.state.or.us. To schedule a Fetal Death training, contact Partner Services at CHS.PartnerServices@dhsoha.state.or.us.
Fetal Death vs. Live Birth
This article provides an explanation of the difference between live birth and fetal death and what documentation is needed for each.
Fetal death occurs infrequently in Oregon compared to the number of live births. That said, it is important to know the correct form to use if remains are being removed from the facility in the event of a fetal death. Using the correct form helps provide a smoother process for grieving families and ensures accurate data points are collected to optimize maternal and fetal health programs in Oregon.
Live Birth means that signs of life are present after the complete extraction from the mother of a product of human conception regardless of the duration of pregnancy. Signs of life include breathing, beating of the heart, pulsation of the umbilical cord or definite movement of voluntary muscles.
If a live birth has occurred, a report of live birth is required. If the infant dies after birth, even if only living for a few seconds, then a death report will need to be submitted by the funeral director. These remains require a Final Disposition Authorization.
Fetal Death means death prior to the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy. In a fetal death, the product of human conception shows no breathing, pulsation of umbilical cord or muscle movement. A fetal death is not the same as an induced termination (ITOP).
A Fetal Death Disposition and Transit Permit is required to remove fetal remains from the hospital. Birth Information Specialists print these from OVERS. The permit must accompany the fetal remains and be signed by the person in charge at the place of final disposition.
If you has questions regarding the Fetal Death Disposition or Transit Permit contact our Registration department at CHS.Registration@dhsoha.state.or.us.
Remember to Enter All Information from Order Forms: Part 1 of 2
To best serve our customers, it is important that all the information that is written on the order form for a vital record is also entered into OVERS.
The Center for Health Statistics (CHS) may have reason to contact an applicant about an order after six months from the original order was placed with the county vital records office. To help the customer, all the contact information from the order form must be in OVERS. If the county needs to contact a customer, finding the contact information in OVERS is much easier than searching through paper archives of the order forms.
This information includes:
- Name
- Applicant Address
- Shipping Address (if different than Applicant Address)
- Phone Number
- Alternate Phone Number if available
- Email Address if available
The fields for the Phone Number and Email Address can be found by clicking on the Contact Information link on the Fast Order page.
Next month, we will review what information needs to be entered into the Matched Events section of OVERS to provide proof of eligibility and a digital copy of what was written on the order form.
Thank you for your help in making sure that all of the information the applicant provides on the order form is entered into OVERS.
Contact Partner Services at CHS.PartnerServices@dhsoha.state.or.us if you have questions about what information is required when entering an order in OVERS.
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