Family finally get their stillborn son recognised in law

Louise Walsh

"He was stillborn but he was still born," said the parents of a little boy who has finally been recognised by the State with a retrospective stillbirth certificate.

Caroline and Martin Smith finally succeeded in getting their son Stephen's life acknowledged in law after a seven year battle for the rights of babies born before 24 weeks.

Stephen was 420 grams when he was born at 20 weeks and two days gestation on October 20th, 2015 but the State didn't recognise that he existed at all because he was born before the 24 week cut off point and smaller than the 500 gram weight limit that was needed to get a stillbirth certificate.

However, after the Smith's hard-fought campaign, new legislation was finally passed in the summer to change the criteria to babies who were stillborn after 23 weeks gestation or of 400grammes in weight.

Little Stephen Smith was finally included in that criteria and, under the changes to the Civil Registration Act, was eligible for a retrospective stillbirth certificate.

His parents and three sisters, from Trim picked up his certificate of life on Friday in what was a very emotional moment.

"Stephen was nine years old last month and we have fought this battle for seven of those years," said Caroline.

"When he was stillborn, just because he didn't meet the criteria, he didn't exist in the eyes of Irish law. He didn't exist and yet Martin was handed a catalogue of coffins by a nurse while I was in labour.

"He didn't exist and despite being big enough for a funeral, he didn't get a birth certificate. He didn't exist but yet I gave birth, I held him and I have pictures of him. He always existed and now that is finally acknowledged."

Stephen's ashes remain in the family home and he is included in all family occasions.

"It's only a piece of paper but to us it means the world. The girls Amy, Olivia and Sammy are so proud and there were a lot of hugs given on Friday."

However the Smith's campaign hasn't ended and they will continue to fight for recognition for all babies who never made it into the world.

"This is bitter sweet for us because we know what it is like to be just out of reach of the criteria and it wouldn't sit well with me to just leave it now. I think once a pregnancy has been confirmed by a doctor, parents that then lost their baby should have a right to a certification of life.

"This certificate will also allow these babies to be seen on a family tree. Just to have inclusion in the family is all we ever wanted. Basic recognition for all babies who don't come home from whatever stage of pregnancy.