The Still-Birth (Definition) Bill [HL] is a private member’s bill introduced by Baroness Benjamin (Liberal Democrat). It would amend the legal definition of stillbirth in England and Wales to apply from 20 weeks into a pregnancy, rather than the current 24 weeks, for the purposes of registering births and deaths. It would also extend entitlement to statutory maternity pay and maternity allowance to women who lose a baby after 20 weeks of pregnancy. Currently, maternity pay and leave, maternity allowance, paternity pay and leave, and parental bereavement pay and leave are available only to people whose baby is stillborn after 24 weeks.
Since 2024, people who live in England who have lost a baby before 24 weeks have the option to apply for a baby loss certificate. These were introduced following a recommendation from an independent pregnancy loss review commissioned by the Conservative government. However, miscarriage support organisations and the House of Commons Women and Equalities Committee argue that there are gaps in the provision of statutory support for people who lose a baby before 24 weeks. The government has said it supports the principle of bereavement leave for pregnancy loss and will look at it further in the context of the Employment Rights Bill currently going through Parliament.
