Public Act 103-0948
 
SB3182 EnrolledLRB103 32565 SPS 62158 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 5. The Hospital Licensing Act is amended by 
changing Section 11.4 and by adding Section 11.9 as follows:
 
    (210 ILCS 85/11.4)
    Sec. 11.4. Disposition of fetus. A hospital having custody 
of a fetus following a spontaneous fetal demise occurring 
during or after a gestation period of less than 20 completed 
weeks must notify the patient of the mother of her right to 
arrange for the burial or cremation of the fetus. Notification 
may also include other options such as, but not limited to, a 
ceremony, a certificate, or common burial or cremation of 
fetal tissue. If, within 24 hours after being notified under 
this Section, the patient mother elects in writing to arrange 
for the burial or cremation of the fetus, the disposition of 
the fetus shall be subject to the same laws and rules that 
apply in the case of a fetal death that occurs in this State 
after a gestation period of 20 completed weeks or more. The 
Department of Public Health shall develop forms to be used for 
notifications and elections under this Section and hospitals 
shall provide the forms to the patient mother.
(Source: P.A. 96-338, eff. 1-1-10.)
 
    (210 ILCS 85/11.9 new)
    Sec. 11.9. Certificate of birth resulting in stillbirth; 
notification. This Section may be referred to as Liam's Law.
    A hospital having custody of a fetus following a 
spontaneous fetal death occurring during or after a gestation 
period of at least 20 completed weeks must notify the 
gestational parent of the parent's right to receive a 
certificate of birth resulting in stillbirth as described in 
Section 20.5 of the Vital Records Act. The Department of 
Public Health shall develop language on a form to be used for 
notification under this Section and hospitals shall provide 
the form to the gestational parent. This section of language 
shall be known as a "Liam's Law notice". The "Liam's Law 
notice" shall be available in both English and Spanish.
 
    Section 10. The Vital Records Act is amended by changing 
Sections 20 and 20.5 as follows:
 
    (410 ILCS 535/20)  (from Ch. 111 1/2, par. 73-20)
    Sec. 20. Fetal death; place of registration. 
    (1) Each fetal death which occurs in this State after a 
gestation period of 20 completed weeks (or and when the 
patient mother elects in writing to arrange for the burial or 
cremation of the fetus under Section 11.4 of the Hospital 
Licensing Act) or more shall be registered with the local or 
subregistrar of the district in which the delivery occurred 
within 7 days after the delivery and before removal of the 
fetus from the State, except as provided by regulation in 
special problem cases.
        (a) For the purposes of this Section, if the place of 
    fetal death is unknown, a fetal death certificate shall be 
    filed in the registration district in which a dead fetus 
    is found, which shall be considered the place of fetal 
    death.
        (b) When a fetal death occurs on a moving conveyance, 
    the city, village, township, or road district in which the 
    fetus is first removed from the conveyance shall be 
    considered the place of delivery and a fetal death 
    certificate shall be filed in the registration district in 
    which the place is located.
        (c) The funeral director or person acting as such who 
    first assumes custody of a fetus shall file the 
    certificate. The personal data shall be obtained from the 
    best qualified person or source available. The name, 
    relationship, and address of the informant shall be 
    entered on the certificate. The date, place, and method of 
    final disposition of the fetus shall be recorded over the 
    personal signature and address of the funeral director 
    responsible for the disposition. The certificate shall be 
    presented to the person responsible for completing the 
    medical certification of the cause of death.
    (2) The medical certification shall be completed and 
signed within 24 hours after delivery by the certifying health 
care professional in attendance at or after delivery, except 
when investigation is required under Division 3-3 of Article 3 
of the Counties Code and except as provided by regulation in 
special problem cases.
    (3) When a fetal death occurs without medical attendance 
upon the mother at or after the delivery, or when 
investigation is required under Division 3-3 of Article 3 of 
the Counties Code, the coroner shall be responsible for the 
completion of the fetal death certificate and shall sign the 
medical certification within 24 hours after the delivery or 
the finding of the fetus, except as provided by regulation in 
special problem cases.
(Source: P.A. 102-257, eff. 1-1-22.)
 
    (410 ILCS 535/20.5)
    Sec. 20.5. Certificate of birth resulting in stillbirth. 
    (a) The State Registrar shall prescribe and distribute a 
form for a certificate of birth resulting in stillbirth. The 
certificate shall be in the same format as a certificate of 
live birth prepared under Section 12 and shall be filed in the 
same manner as a certificate of live birth.
    (b) After each fetal death that occurs in this State after 
a gestation period of at least 20 completed weeks, the State 
Registrar of Vital Records shall, only upon request by a 
parent named on the fetal death certificate, prepare and issue 
a certificate of birth resulting in stillbirth. After each 
fetal death that occurs in this State after a gestation period 
of at least 26 completed weeks, the person who files a fetal 
death certificate in connection with that death as required 
under Section 20 shall, only upon request by the woman who 
delivered the stillborn fetus, also prepare a certificate of 
stillbirth. The person shall prepare the certificate on the 
form prescribed and furnished by the State Registrar and in 
accordance with the rules adopted by the State Registrar.
    (b-5) A person who files a fetal death certificate as 
described under subsection (b) shall notify the gestational 
parent of the stillborn of that parent's right to request and 
receive a certificate of birth resulting in stillbirth under 
subsection (b). The Department shall develop language for 
notification under this subsection. This language shall be 
titled and known as a "Liam's Law notice". 
    (c) If the stillborn's parent or parents do not wish to 
provide a name for the stillborn, the person who prepares the 
certificate of birth resulting in stillbirth shall leave blank 
any references to the stillborn's name.
    (d) When a stillbirth occurs in this State and the 
stillbirth has not been registered within one year after the 
delivery, a certificate marked "delayed" may be filed and 
registered in accordance with regulations adopted by the State 
Registrar. The certificate must show on its face the date of 
registration.
    (e) In the case of a fetal death that occurred in this 
State after a gestation period of at least 20 26 completed 
weeks and before the effective date of this amendatory Act of 
the 103rd General Assembly this amendatory Act of the 93rd 
General Assembly, a parent of the stillborn child may request 
that the person who filed a fetal death certificate in 
connection with that death as required under Section 20 shall 
also prepare a certificate of birth resulting in stillbirth 
with respect to the fetus. If a parent of a stillborn makes 
such a request under this subsection (e), the person who filed 
a fetal death certificate shall prepare the certificate of 
birth resulting in stillbirth and file it with the designated 
registrar within 30 days after the request by the parent.
(Source: P.A. 93-578, eff. 8-21-03.)
 
    Section 99. Effective date. This Act takes effect July 1, 
2025.