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Stillborn Babies

For the purposes of registration under the Births, Deaths and Marriages Registration Act 1996 (SA), a stillborn baby is one of twenty weeks or more gestation or, if it cannot be reliably established whether the period of gestation is more or less than twenty weeks, a baby with a body mass of at least 400 grams at birth, that shows no sign of respiration or heartbeat, or other sign of life, after birth [s 4]. The definition does not include loss of pregnancy at less than twenty weeks gestation, or following a medical termination (at any stage of gestation).

Commemorative Certificates for Early Loss of Pregnancy are available from Births, Deaths and Marriages (BDM) to commemorate deliveries that are not able to be registered under the Births, Deaths and Marriages Registration Act 1996 (SA). A commemorative certificate may not however be used for official purposes. For more information on the process and what is required with the application, please visit SA.GOV.AU Early Loss of Pregnancy Certificates [ link opens in a new window].

After the birth of a baby who is defined as a 'stillborn child' under the Act:

  • the birth must be registered in the normal way (the birth certificate will state that a stillbirth occurred)
  • an investigation is not required by the coroner
  • if the doctor requests an autopsy, a consent form must be signed by the parents. Parents can choose not to have an autopsy performed.
  • the parent(s) or next of kin should make funeral arrangements

If a still-birth is registered, a birth certificate can be issued. The Registrar of Births, Deaths and Marriages does not however issue a death certificate.

In circumstances where a baby breathed, even momentarily, and died soon after, then the fact of both the baby's birth and death is registered.

Support services

Specialised support services are available to recognise the emotional impact of grief and loss. Red Nose Australia provides specialised bereavement support free of charge to any person affected by the sudden and unexpected death of a baby or child during pregnancy, birth, infancy or childhood. Please visit the Red Nose Australia Grief and Loss website for further assistance and support.

Stillborn Babies  :  Last Revised: Fri May 14th 2021
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.