Babies

Experiencing a miscarriage or a still-birth can leave parents feeling grief stricken and helpless, as the excitement and anticipation of everything they have been planning for and looking forward to is taken away. A farewell service such as a funeral gives an outlet to come together with friends and family to express grief, but parents that miscarry often do not have this opportunity. There are now more options for parents who lose a baby, with special ceremony and service options when a baby dies.

With sudden infant death syndrome (SIDS), when a baby under the age of one dies suddenly with no explanation, it can be incredibly distressing for parents. In these circumstances, medial professionals and police are called to perform a death scene investigation. This is then followed by an autopsy and a review of the baby’s medical history. A diagnosis of SIDS is made if the baby’s death remains unexplained after the investigation.

Legal definitions referring to a baby’s death

There are legal definitions that determine what type of documentation needs to be completed when a baby dies. These definitions are clinical and have legal purposes, but are not meant to define how you grieve or what you feel around the loss of a baby.

Miscarriage and stillbirth occur while the baby is inside the womb. A baby is still-born if they died in the womb after 20 weeks of gestation, or weighed 400g or more at the time of birth. A miscarriage is when the baby was less than 400g and less than 21 weeks gestation. These medical definitions mean different legal requirements and obligations, but this does not at all define or reflect on the depth of grief you may be feeling.

Neonatal death is the term used to describe when a newborn baby dies. An early neonatal death occurs within 7 days of birth and a late neonatal death occurs from 8 to 28 days after birth. An infant death is when a baby dies between 28 days and 12 months. A sudden infant death during this time is referred to as SIDS/Sudden Infant Death Syndrome, SUDI/Sudden Unexpected Death of Infant, or cot-death.

Registering a baby’s birth and death

Depending on how and when a baby dies, there are different requirements for legally registering the details of birth and death. Take the time you need to be ready for these processes; nothing has to be done right away. Having support people with you can be important as filling out forms can be confronting and incredibly heartbreaking.

Unless your baby died as a result of miscarriage or stillbirth, you are required to register their birth, as well as their death. Registering a birth is free, and must be done within two months of birth. Find out how to register the birth of your baby. You will need to register the birth before you can register the death.

If you have engaged the services of a funeral director or other funeral service provider, they can help to register a baby’s death. If you are organising the funeral or farewell yourself, you will need to register the death within three working days of the baby’s burial or cremation. You will need to fill in a form to register a death with Births, Deaths and Marriages. It is free to register a death, but there’s a fee to order a death certificate.

There are no requirements for registering a miscarried baby’s birth. You can bury your baby in a place of your choosing, including in a cemetery, urupā, or cremation. If you choose to bury your baby in a private place, ensure you pick somewhere it is unlikely to be disturbed and you bury the body at least one metre deep. A still-born baby must have its birth registered within two months of the birth. You do not have to register the death, but baby must be buried or cremated through official channels. Many cemeteries have areas especially for still-born babies, or the option to place baby in an existing family plot.