Mum welcomes new legislation recognising loss

A mother who has had four miscarriages says new certificates that acknowledge loss during pregnancy before 24 weeks will “honour those babies”.

Gemma McGibbon, 37, who is a mum of two girls, lost her babies between April 2022 and November 2023 in between her daughters being born.

In Northern Ireland, the death of a baby after 24 weeks is officially recorded as a stillbirth but there is no formal recognition of loss before 24 weeks, as there is in England.

After campaigning and cross-party political support, the Department of Finance has now drafted a bill to change the law.

The Deaths, Still-Births and Baby Loss Bill passed its final stage in the assembly on Tuesday.

The certificate is a government-issued document rather than a legal one, but Gemma, from Portadown in County Armagh, said the certificates were about recognition.

She has been watching the the bill closely.

She said it was important for society to “formally recognise baby loss prior to 24 weeks”.

Parents should be given the opportunity to apply for them if they if they choose, she added.

For Gemma, it’s something she intends to do.

“It’s a way that we’ll be able to honour those babies and formally recognise our loss and it’s something we’ll be able to keep as part of our family story.”

She described the period during her miscarriages as isolating.

“We were lucky we had good family support but you are just stuck in a cycle of grief and there is very little support in terms of mental health services and still a lot of stigma,” she added.

She said things like the scheme were important to “break down the stigma and for society to show compassion towards parents and families who experience baby loss and pregnancy loss at any stage”.

“What this is saying is: ‘We see your pain we acknowledge that this is happening and we want to help you’.”

Stormont’s Finance Minister John O’Dowd, whose department drafted the bill, said it would “offer a small candlelight of hope to many families” in Northern Ireland who suffer loss.

O’Dowd said it is his intention that the scheme will be in place by the end of the current financial year in March.

“I can’t think of any other piece of legislation I’ve brought that is more important or meaningful,” he told the Assembly.

“It will give bereaved parents and families who have suffered the devastating loss of a baby in the first 24 weeks of pregnancy, formal recognition and acknowledgement of their loss.”

The chair of Stormont’s Finance committee, SDLP assembly member (MLA) Matthew O’Toole, said the move was a “small but meaningful gesture” to help grieving families.

“As this bill passed today, I was thinking of all the parents who have lost babies and felt that loss wasn’t properly recognised. This legislation ensures that no family will ever find themselves in that position in future,” he said.

Deputy Chair DUP MLA Diane Forsythe paid tribute to those who had campaigned for the change, saying it would recognise the “reality of early pregnancy loss”.

The legislation will also fix what the minister called “disparities” in how same-sex and heterosexual couples can register a birth or stillbirth.

Under current law, different birth and stillbirth registration options exist for same-sex and heterosexual couples who are neither married nor in a civil partnership.

Same-sex female couples in this position cannot jointly register a birth or stillbirth in the same way that heterosexual couples can, but O’Dowd said the new legislation will address this to ensure “equality in the registration process”.

The bill will also make permanent powers allowing for the remote registration of deaths and stillbirths, as well as the electronic transfer of registration documents.

O’Dowd said the legislation “addresses three important issues that will support many of the people we represent – often at the most challenging moments they face”.

“This is a powerful reminder of the good we can achieve when we unite and work in partnership.”

Foyle MLA Mark H Durkan said the new certificates were a “small but very meaningful gesture” for families who can “remember their loss in their own way”.

“This moment belongs to everyone who shared their story and experience of unimaginable loss,” he said.

If you have been affected by any of the issues in this story, details of help and advice are available on the BBC Action Line website.