Louisiana § RS 40:101 - Commemorative certificate of miscarried child; requirements
Full text of Louisiana Louisiana Civil Code § RS 40:101 — Commemorative certificate of miscarried child; requirements, with citation guidance and answers to common questions.
§ RS 40:101. Commemorative certificate of miscarried child; requirements
A. The state registrar shall establish a commemorative certificate of miscarried child. For the purposes of this Part, "miscarried child" means an unintentional, spontaneous fetal demise occurring at or prior to the twentieth week of gestation during a pregnancy.
B.(1) A licensed healthcare practitioner who attends or diagnoses a miscarried child or a licensed healthcare facility where the birth of a miscarried child occurs may advise a patient who experiences a miscarried child that the patient may request a commemorative certificate as provided for in this Section.
(2) The vital records registry shall provide on its website a form that may be completed by a healthcare practitioner or his designee affirming that he attended or diagnosed a patient who experienced a miscarried child.
C. Upon request of the patient and submission of a completed form provided for in this Section, the vital records registry shall issue a commemorative certificate of miscarried child. If requested, one copy of the commemorative certificate of miscarried child shall be provided by the vital records registry at no cost. Additional copies shall be subject to the same fees as a certificate of live birth as provided in R.S. 40:40.
D.(1) The commemorative certificate shall contain the name of the fetus and the gender, if known. If the name is not furnished by the patient, the vital records registry may complete the commemorative certificate with the name "Baby Boy" or "Baby Girl" and the last name of the patient. If the gender of the fetus is unknown, the department shall fill in the commemorative certificate with the name "Baby" and the last name of the patient.
(2) The front of the commemorative certificate shall include a disclaimer stating that the commemorative certificate is not proof of a live birth.
E.(1) The vital records registry shall not register a birth associated with a commemorative certificate issued pursuant to this Section nor use it to calculate live birth statistics.
(2) A commemorative certificate is commemorative in nature and has no legal effect.
(3) A commemorative certificate issued according to this Section shall not be used to establish, bring, or support a civil cause of action seeking damages against any person or entity for bodily injury, personal injury, or wrongful death of a miscarried child.
Acts 2023, No. 353, §1.
Source: official Louisiana text · Last verified 2026-08-27
Frequently Asked Questions About Louisiana § RS 40:101
What does Louisiana Civil Code § RS 40:101 cover?
Section RS 40:101 ("Commemorative certificate of miscarried child; requirements") is part of the Louisiana Civil Code, the codified statutory law of Louisiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Louisiana § RS 40:101?
A common citation format is "Louisiana Civil Code § RS 40:101" (Louisiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Louisiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Louisiana official source linked on this page or consult a licensed Louisiana attorney.
How does Louisiana § RS 40:101 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Louisiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Louisiana.