Ohio Rev. Code » Chapter 3705
Ohio Revised Code

Ohio Rev. Code § 3705.01 (2026)

Vital statistics definitions

✓ current as of May 2026
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Effective:
June 3, 2014
Latest Legislation:
House Bill 95 - 130th General Assembly
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As used in this chapter:

(A) "Live birth" means the complete expulsion or extraction from its mother of a product of human conception that after such expulsion or extraction 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.

(B)(1) "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, which after such expulsion or extraction does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles.

(2) "Stillborn" means that an infant of at least twenty weeks of gestation suffered a fetal death.

(C) "Dead body" means a human body or part of a human body from the condition of which it reasonably may be concluded that death recently occurred.

(D) "Physician" means a person licensed pursuant to Chapter 4731. of the Revised Code to practice medicine or surgery or osteopathic medicine and surgery.

(E) "Attending physician" means the physician in charge of the patient's care for the illness or condition that resulted in death.

(F) "Institution" means any establishment, public or private, that provides medical, surgical, or diagnostic care or treatment, or domiciliary care, to two or more unrelated individuals, or to persons committed by law.

(G) "Funeral director" has the meaning given in section 4717.01 of the Revised Code.

(H) "State registrar" means the head of the office of vital statistics in the department of health.

(I) "Medical certification" means completion of the medical certification portion of the certificate of death or fetal death as to the cause of death or fetal death.

(J) "Final disposition" means the interment, cremation, removal from the state, donation, or other authorized disposition of a dead body or a fetal death.

(K) "Interment" means the final disposition of the remains of a dead body by burial or entombment.

(L) "Cremation" means the reduction to ashes of a dead body.

(M) "Donation" means gift of a dead body to a research institution or medical school.

(N) "System of vital statistics" means the registration, collection, preservation, amendment, and certification of vital records, the collection of other reports required by this chapter, and activities related thereto.

(O) "Vital records" means certificates or reports of birth, death, fetal death, marriage, divorce, dissolution of marriage, annulment, and data related thereto and other documents maintained as required by statute.

(P) "File" means the presentation of vital records for registration by the office of vital statistics.

(Q) "Registration" means the acceptance by the office of vital statistics and the incorporation of vital records into its official records.

(R) "Birth record" means a birth certificate that has been registered with the office of vital statistics; or, if registered prior to March 16, 1989, with the division of vital statistics; or, if registered prior to the establishment of the division of vital statistics, with the department of health or a local registrar.

(S) "Certification of birth" means a document issued by the director of health or state registrar or a local registrar under division (B) of section 3705.23 of the Revised Code.

(T) "Certified nurse-midwife" has the same meaning as in section 4723.01 of the Revised Code.
Notes of Decisions
Cited in 8 cases (3 in the last 5 years), 1992–2024 · leading case: State ex rel. Clay v. Cuyahoga Cty. Med. Exam'r's Off. (Slip Opinion), 2017 Ohio 8714 (Ohio 2017).
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State ex rel. Clay v. Cuyahoga Cty. Med. Exam'r's Off. (Slip Opinion), 2017 Ohio 8714 (Ohio 2017). “However, death certificates are "vital records" pursuant to R.C. 3705.01(O), and they can be acquired through the city of Cleveland's Bureau of Vital Statistics, see http://www.”
Walker v. Firelands Cmty. Hosp., 869 N.E.2d 66 (Ohio Ct. App. 2007). · cites it 2× “R.C. 3705.01(B)(1). The term "stillborn” is defined as an infant who suffered fetal death.”
Albrecht v. Treon, 889 N.E.2d 120 (Ohio 2008). “14 does not define what constitutes the body, but R.C. 3705.01(C) states: “ ‘Dead body’ means a human body or part of a human body from the condition of which it reasonably may be concluded that death recently occurred.”
In re Application for Corr. of Birth Record of Adelaide, 2022 Ohio 2053 (Ohio Ct. App. 2022). “Further, the immediate following language is “accurately or properly recorded.” Birth records are recorded at the time of birth, or shortly thereafter, and are then filed with the office of vital statistics.”
In re Carpenter, 2024 Ohio 810 (Ohio Ct. App. 2024). “02 states the Ohio Director of Health, “shall have charge of the system of vital statistics, enforce sections 3705.01 to 3705.29 of the Revised Code, and prepare and issue instructions necessary to secure the uniform observance of such sections.”
Walsh v. Ohio Dept. of Health, 2022 Ohio 272 (Ohio Ct. App. 2022). “" R.C. 3705.01(I). A physician's cause of death determination reflected on a death certificate is an expert opinion on a medical question.”
State v. Richardson, 2018 Ohio 4254 (Ohio Ct. App. 2018). “" R.C. 3705.01. {¶ 21} Richardson distills her argument as such: (1) on April 26, 2017, Dr.”
Grothouse v. Ohio Dep't of Health, 608 N.E.2d 1183 (Ohio Ct. App. 1992). “02 provides, in relevant part, that ODH shall “ * * * enforce sections 3705.01 to 3705.29 of the Revised Code, and prepare and issue instructions necessary to secure the uniform observance of such sections.”
— Ohio Rev. Code § 3705.01(B)(1) — 1 case
Walker v. Firelands Cmty. Hosp., 869 N.E.2d 66 (Ohio Ct. App. 2007). “R.C. 3705.01(B)(1). The term "stillborn” is defined as an infant who suffered fetal death.”
— Ohio Rev. Code § 3705.01(B)(2) — 1 case
Walker v. Firelands Cmty. Hosp., 869 N.E.2d 66 (Ohio Ct. App. 2007). “R.C. 3705.01(B)(1). The term "stillborn” is defined as an infant who suffered fetal death.”
— Ohio Rev. Code § 3705.01(C) — 1 case
Albrecht v. Treon, 889 N.E.2d 120 (Ohio 2008). “14 does not define what constitutes the body, but R.C. 3705.01(C) states: “ ‘Dead body’ means a human body or part of a human body from the condition of which it reasonably may be concluded that death recently occurred.”
— Ohio Rev. Code § 3705.01(I) — 1 case
Walsh v. Ohio Dept. of Health, 2022 Ohio 272 (Ohio Ct. App. 2022). “" R.C. 3705.01(I). A physician's cause of death determination reflected on a death certificate is an expert opinion on a medical question.”
— Ohio Rev. Code § 3705.01(O) — 1 case
State ex rel. Clay v. Cuyahoga Cty. Med. Exam'r's Off. (Slip Opinion), 2017 Ohio 8714 (Ohio 2017). “However, death certificates are "vital records" pursuant to R.C. 3705.01(O), and they can be acquired through the city of Cleveland's Bureau of Vital Statistics, see http://www.”
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