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Mums call for change to stillbirth law, saying 'we want our babies recognised'

First published on Monday 6 June 2022

Stillbirth ribbon / Racheal Guinan and family

Parents are calling on the government to legally recognise children if they're born before 24 weeks.

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Parents of stillborn babies have launched a campaign to have their children legally recognised and allow them to have a birth certificate.

Mums who have gone through the agony of a stillborn birth earlier than 24 weeks have called on the government to recognise their children, so they can access a birth certificate and get help with burials.

Currently, stillbirths before the 24-week mark are treated by law as a miscarriage, even if the mum delivers the baby. However, some mums have called on the government to change this to record these deaths as a stillbirth, so that their children will be legally recognised.

Racheal Guinan, whose baby daughter Kiara was born sleeping in April, at just 19 weeks and one day, says her suffering was made worse by the fact that her death was recorded as a miscarriage and not a stillbirth.

Racheal was unable to access a funeral grant and Kiara will not appear in official records used for family trees.

Racheal said:

'According to the law, it seemed Kiara had never existed. I physically gave birth to our beautiful baby girl, so it was no miscarriage.

'I went through everything I’d have gone through after a full-term pregnancy.'

The mum has now launched a petition to change the legal definition of stillborn to include all delivered babies.

As part of her petition, the 28 year old wrote:

'I want the government to change this SAD law that defines stillbirth as only applying to babies lost after 24 weeks. When a mother has to give birth to the child, this is a stillborn baby.

'I can understand being classed as a miscarriage when you don’t deliver any baby, as I’ve also been through this myself. Giving birth is completely different. That’s logic.'

Racheal, who is also mum to five year old Lucas, Kobi, 4, and Leo, 3, explained that she 'couldn't disagree more' with her experience being classed as a miscarriage.

Racheal Guinan and family

She added:

'I gave birth on 4 April to our beautiful baby girl who was born at 19 weeks 1 day gestation. Sadly in the eyes of the law this is a miscarriage. I couldn't disagree more, also don’t believe many other mothers would agree with this legal definition.

'No parent should have to go through this horrific situation to be told they have suffered a miscarriage, when a mother has physically delivered a baby.

'Can you imagine how midwives must feel having to tell the parents this? Please sign and share this petition and let’s get this law changed once and for all to help all parents of those beautiful angel babies born sleeping.'

Racheal's not the only mum to call on the government to legally recognise these children.

Chelsea Cullen lost two boys a year apart, both at 19 weeks.

Chelsea, who lost Caiden on June 29, 2010, and Caine on June 18, 2011, said:

'After Caine I felt empty and lost. I had to arrange a funeral again – my only request was for my boys to be buried together. I was told it wasn’t possible so I had to raise over £2,000 to have that done.'

Meanwhile, Nicci Cowdell-Murray was induced at 18 weeks pregnant, after doctors could no longer detect a heartbeat for her baby.

She said:

'I had to wait two days to be induced. When it was over they took the baby away in a blue plastic tray.

'There was no dignity. We didn’t even know if our child was male or female. There was no birth certificate, no death certificate, no acknowledgment of there being a birth.'

She added: 'Our baby was cremated in a mass ceremony – I was too upset to go.'

Around 1,000 babies are born sleeping before 24 weeks in the UK every year, though it's hard to tell just how many parents are affected.

Jenny Kurinc­­zuk, of MBRRACE-UK, which collates birth figures, told The Mirror:

'As the deaths aren’t registered we’ve no idea how many parents are affected, and it hampers research into causes.'

The petition has so far received nearly 9,000 signatures. Find out more and sign it here.

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