A Meath couple who have campaigned for almost five years for the rights of babies born before 24 weeks will see a new bill progress through the Seanad on the seventh birthday of their late son.
Caroline and Martin Smith are due to speak to the Seanad on Thursday about their battle to get their son Stephen and other babies lost in the first and second semester recognised with a certificate of life.
Stephen was 420 grams when he was born at 20 weeks and two days gestation on October 20, 2015 but the State doesn’t recognise that he existed at all because he was born before the 24-week cut-off point and smaller than the 500 gram weight limit needed at present to get stillborn certificate.
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However, Senator Regina Doherty has proposed a new bill before Seanad which the Smiths hope will get the full support of the Seanad and progress to the Dail in the coming months.
Although Stephen is not recognised by the State, Martin was handed a catalogue of coffins by a nurse while Caroline was in labour and told that while Stephen would not get a birth certificate, he was big enough for a funeral.
Stephen’s ashes are now at home with Martin, Caroline and their three girls who write to Santa to bring him something each year.
Under current Irish law, babies born either under 500 grams or before 24 weeks' gestation - and showing no signs of life - are considered not viable and termed as a late miscarriage.
The new bill published by Senator Regina Doherty and Mary Seery Kearney seeks to amend the Civil Registration Act 2004 to ‘allow the Minister for Health to create a non statutory new form of registration called a Certification of Life.’
This certificate will be available to anybody who has lost a baby outside the current criteria for stillbirth, without reference to the gestational period or weight of the baby.
“I gave birth. I have his memory box and all his things. I have his pictures and I have held him and we cremated him,” said Caroline who lives with her family in Trim, Co Meath.
“I had to get a document from the crematorium to say that we are carrying human remains in a chain and in a keyring if we were to bring them out of the country.
“We had a service for him where family and friends came to pay their respects - but according to the Irish State, he never existed. As a parent, that is incomprehensible.
“Stephen would be seven on Thursday and after nearly five years of campaigning for him, it was so emotional to see the bill being published last week and on its second step already.
“It was so emotional to hear Senators all acknowledge our son and our loss.
“This certificate will also allow these babies to be seen on a family tree. Just to have inclusion in the family is all we ever wanted. Basic recognition for all babies who don’t come home from whatever stage of pregnancy.
“Once a couple sees that blue line on a pregnancy test, they have already dreamed of that child’s future.
“We celebrate Stephen’s birthday each year because he is part of our family. His sisters will blow out candles on his cake. They still write letters for Santa asking for something small for Stephen for his shelf where his ashes and mementos are kept and every year, Santa brings something for him.
“This year Stephen’s birthday has an extra special feel to it. There has been no feeling of dread in the lead up to it like in previous years, instead it is filled with hope and gratitude.
“We are so grateful to those who have continued to support us on this journey, to those who have listened and to the parents of so many little babies that didn’t get to come home, for sharing their story. We will bring each and every one with us to Leinster House.
“This bill, if passed, is not only for Stephen but for all the lost babies who currently aren’t recognised and for the parents who know, with pain, that they existed.”
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