(1) Upon request by either parent, a certificate of birth resulting in a stillbirth must be filed within ten calendar days after the date of the delivery or the date the certificate was requested to be filed. If the delivery meets the definition of a stillbirth as defined in 50-15-101, MCA, the person in charge of the final disposition of the fetus must file a properly completed Montana Certificate of Fetal Death.

(2) If a stillbirth delivery occurs in Montana and a certificate of fetal death has not been filed, additional evidence must be provided to support the facts of the pregnancy, that the delivery resulted in a stillbirth, and that the delivery occurred within this state.

(3) Acceptable examples of evidence of pregnancy include the following:

(a) prenatal record;

(b) a statement from a physician or other health care provider qualified to determine pregnancy;

(c) a report of a home visit by a public health nurse or other health care provider that indicates that the mother was pregnant at the time of the visit; or

(d) other evidence acceptable by the department.

(4) Evidence that the birth was stillborn includes the following:

(a) a completed and filed Montana Certificate of Fetal Death;

(b) a statement from the physician or other health care provider who saw and examined the stillborn child; or

(c) other evidence acceptable to the department.

(5) Evidence of the mother's presence in Montana on the date of delivery includes the following:

(a) if the delivery occurred in the mother's residence:

(i) a driver's license or a state-issued identification card that lists the mother's current residence;

(ii) a rent or mortgage receipt that includes the mother's name and address;

(iii) any type of utility, telephone, or other bill that includes the mother's name and address; or

(iv) other evidence acceptable to the department.

(b) if the delivery occurred outside of the mother's place of residence and the mother is a resident of Montana, such evidence must consist of:

(i) an affidavit from the tenant of the premises where the delivery occurred stating that the mother was present on those premises at the time of delivery; and

(ii) evidence of the affiant's residence similar to that required in (5)(a); and

(iii) evidence of the mother's residence in the state similar to that required in (5)(a); or

(iv) other evidence acceptable to the department.

(6) If the mother is not a resident of Montana, proof that a stillbirth occurred in Montana outside of a health care facility must consist of clear and convincing evidence acceptable to the department.

(7) The department shall determine the acceptability of all documentary evidence submitted in support of a stillbirth that occurred outside of a health care facility.

(8) Documents presented must be in the form of the original record or a duly certified copy thereof or a notarized signed statement from the custodian of the record or document attesting to the accuracy of the record.