New York Consolidated Laws

N.Y. Public Health Law § 4130 (2026)

Births; registration

✓ current as of May 2026

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§ 4130. Births; registration. 1. Live birth is defined as the complete
expulsion or extraction from its mother of a product of conception,
irrespective of the duration of pregnancy, which, after such separation,
breathes or shows any other evidence of life such as beating of the
heart, pulsation of the umbilical cord, or definite movement of
voluntary muscles, whether or not the umbilical cord has been cut or the
placenta is attached; each product of such a birth is considered live
born.
  2. The birth of each child born alive in this state shall be
registered within five days after the date of birth by filing with the
registrar of the district in which the birth occurred a certificate of
such birth, which certificate shall be upon the form prescribed therefor
by the commissioner.
  3. In each case where a physician or nurse-midwife was in attendance
upon the birth, it shall be the duty of such physician or nurse-midwife
to file said certificate.
  4. In each case where there was no physician or nurse-midwife in
attendance upon the birth, it shall be the duty of the father or mother
of the child, the householder or owner of the premises where the birth
occurred, or the director or person in charge of the public or private
institution where the birth occurred, each in the order named, within
five days after the date of such birth, to report to the local registrar
the fact of such birth and to file said certificate.
  5. When a birth occurs in a hospital, the person in charge of such
hospital or his designated representative shall obtain the personal
data, prepare the certificate, secure the signatures required by the
certificate and file it with the registrar. The physician in attendance
or a physician acting in his behalf shall certify to the facts of birth
and provide the medical information required by the certificate within
five days after the birth.

Notes of Decisions

Cited in 7 cases, 2000–2020 · leading case: T.V. v. New York State Dep't of Health, 88 A.D.3d 290 (N.Y. App. Div. 2011).

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T.V. v. New York State Dep't of Health, 88 A.D.3d 290 (N.Y. App. Div. 2011). · cites it 3× “03 of the New York City Health Code (24 RCNY) and Public Health Law § 4130 require the registration of a child’s birth certificate within five days after the birth (see Public Health Law § 4130 [2] [“The birth of each child born alive in this state shall be registered within…”

People v. Strawbridge, 299 A.D.2d 584 (N.Y. App. Div. 2002). “Addressing defendant’s claim that the evidence was legally insufficient, we view the evidence in the light most favorable to the prosecution — including defendant’s admission to police that shortly after the birth she placed the baby in the plastic bag and sealed it and the…”

James v. Middletown Cmty. Health Ctr., Inc., 278 A.D.2d 280 (N.Y. App. Div. 2000). “We note that, contrary to the defendants’ contention, there is an issue of fact as to whether the twins were stillborn, as the defendants claim, or born alive as defined by Public Health Law § 4130 (1). In view of the fact that the plaintiffs may have a potentially viable cause…”

Proctor v. McShane, 56 Misc. 3d 626 (N.Y. Sup. Ct. 2017). · cites it 4× “Public Health Law § 4130 (1) defines live birth as “the complete expulsion or extraction from its mother of a product of conception, irrespective of the duration of pregnancy, which, after such separation, breathes or shows any other evidence of life such as beating of the…”

Charles v. Suvannavejh, 28 Misc. 3d 1157 (N.Y. Sup. Ct. 2009). · cites it 2× “Public Health Law § 4130 (1) defines “Live birth” as: “a product of conception .”

Waring v. Matalon, 2020 NY Slip Op 3686 (N.Y. App. Div. 2020). “New York State Public Health Law defines a "live birth" as "the complete expulsion or extraction from its mother or a product of conception, irrespective of the duration of the pregnancy, which, after such separation, breathes or shows any other evidence of life such as beating…”

People v. Gray, 190 Misc. 2d 40 (N.Y. Sup. Ct. 2002). “” Public Health Law § 4130 (1) defines a “live birth” as the “complete expulsion or extraction from its mother of a product of conception * * * which after separation, breathes or shows any other evidence of life such as a beating heart, pulsation of the umbilical cord, or…”

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