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Baby loss certification: pre 24 weeks' gestation

By Clare Gooch

Published In: Clinical Negligence

It has recently been reported that the government has now launched a voluntary scheme to allow parents to record and receive a certificate to provide recognition of their loss if they experience baby loss before 24 weeks. This came into effect on 22 February 2024.

What does this mean? 

Parents who experience baby loss before 24 weeks, can now apply for a birth certificate to have their loss and grief recognised. This follows the Government’s pledge to support bereaved parents as part of the Independent Pregnancy Loss Review (2018), as well as their wider priorities within the Women’s Health Strategy for England in 2024.

Additional recommendations from the Independent Pregnancy Loss Review focused on the following key areas:

  • Education, training, and information
  • Service provision and access
  • Quality of care
  • Bereavement care and support
  • Patient records, IT, and data
  • The workplace

Some of the key recommendations included:

  • Expanding the current RHSE guidance for schools to include education on all types of baby loss.
  • Women experiencing pre-24-week baby loss should be cared for by specialist healthcare professionals who have received mandatory training in bereavement care and support.
  • Consistent information and support for both parents' physical and mental health needs.
  • Adopting graded miscarriage care that supports and helps provide understanding of the cause of loss and provides care plans for subsequent pregnancies.

The Government intends to carry out 20 immediate actions in response to the review, including the baby loss certificate. Find out more here .

Victoria Atkins, Health and Social Care Secretary said:

 “Losing a baby can be a hugely traumatic event and the introduction of certificates to formally acknowledge the loss of life is a positive step towards better supporting women and parents affected.”

The certificate is available for parents following a loss under 24 weeks since 1 September 2018. Eligibility for loss pre-dating September 2018 is still under review. Further information can be found here https://www.gov.uk/government/news/baby-loss-certificate-launchedto-recognise-parents-grief

Clare Gooch, Clinical Negligence Solicitor comments:

“This is a welcomed introduction for so many parents who have felt insignificant at a time of sadness and often trauma during the loss of their baby before 24 weeks gestation. For parents to feel recognised and have their grief acknowledged, is a small step in the right direction.”

At Switalskis we act for many families who have suffered as a result of poor antenatal care resulting in baby loss before and up to 24 weeks. Many of the families we represent feel that their pregnancy and baby was not recognised and so we welcome this new scheme to formally recognise the devastating loss of a baby during pregnancy up to 24 weeks gestation.

If you or a family member have suffered a baby loss that you feel is as a result of negligence, please get in touch so that we can begin to support you.

Contact our specialist medical negligence lawyers on 0800 138 0458 or email: help@switalskis.com.

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Clare has worked in Medical Negligence for over 10 years.  She’s a Senior Associate Solicitor in our Medical Negligence team based in Switalskis’ London office.

Senior Associate Solicitor

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