A mum who lost her baby girl at 19 weeks has slammed a "diabolical" law that means she was classed as a miscarriage rather than stillborn. Rachael Guinan, 28, went through the trauma of giving birth last month.
Her "beautiful" baby girl had died at just 19 weeks and one day. To add to her heartbreak, Rachael was left further shocked to find that her experience was classed as a miscarriage, due to the law stating that the definition of a stillbirth only applies to babies lost after 24 weeks.
Rachael, from Skelmersale, Lancashire, said in a statement: “I want the government to change this SAD law that defines stillbirth as only applying to babies lost after 24 weeks. When a mother has to give birth to the child, this is a stillborn baby.
"I can understand being classed as a miscarriage when you don’t deliver any baby, as I’ve also been through this myself. Giving birth is completely different. That’s logic."
Rachael told LancsLive: “I gave birth on April 4 to our beautiful baby girl who was born at 19 weeks one day gestation. Sadly, in the eyes of the law this is a miscarriage. I couldn't disagree more, I also don’t believe many other mothers would agree with this legal definition.”
Rachael, who is also mum to Lucas, five, Kobi, aged four, and three-year-old Leo, spoke of giving birth to her baby girl, Kiara, at Ormskirk Hospital after experiencing huge blood clots at the end of March while out in Ormskirk town centre with partner Kieran. Scans followed, and she was sent home, but painful contractions the following day saw her being rushed back to hospital where she gave birth to Kiara.
Rachael said: “Our beautiful baby girl. They took her, dressed her and brought her to us so we could spend time with her; we rested and slept next to our beautiful baby girl.”
Paying tribute to the ‘amazing’ staff at the hospital, she added: “The staff from the hospital could not have been any more helpful. They showed compassion and knew what we were going through was a really hard situation and they gave us time with her whenever we wanted. We can’t thank the midwives and doctors any more for everything they had done for us.”
The generous staff at the hospital also offered a funeral package, but the couple chose to go private to honour their baby girl. However, they were then shocked to discover that Kiara was classed as a miscarriage and not stillborn due to her age at being born before 24 weeks.
A stillbirth is defined as when a baby is born dead after 24 completed weeks of pregnancy, according to the NHS website, which states that this happens in around one in every 200 births in England. The NHS website adds that If the baby dies before 24 completed weeks, it's known as a miscarriage or late foetal loss.
Kind-hearted funeral directors H. Hardman’s and Co Ltd, based in Skelmersdale, stepped in and provided a funeral for free, for which the couple are grateful. However, the double trauma of having her baby girl classed as a miscarriage by law has now prompted the grieving mum to launch a petition to get the law changed so that babies who died during or before birth, where the mum gives birth, are classed as stillborn.
Rachael added: “She was still a baby. The law states that a baby is only stillborn at 24 weeks! I couldn’t disagree any more.
"We had amazing help from our family and friends and I can’t thank everyone enough for what they have done for us, and also the funeral directors H. Hardman’s and Co Ltd based in Skelmersdale did everything for us for absolutely free, so we didn’t have to pay a penny and we are also so grateful to all from there.
“But my baby isn’t classed as a stillborn baby, she’s a miscarriage. It’s diabolical and disgusting that they can say this.
"The midwives at the time also explained this and agreed I am right she is a baby and she’s beautiful. They said if they could change the law themselves, they would as this isn’t right.”
In a statement on her petition page, Rachael said: “No parent should have to go through this horrific situation to be told they have suffered a miscarriage, when a mother has physically delivered a baby. Can you imagine how midwives must feel having to tell the parents this?
"Please sign and share this petition and let’s get this law changed once and for all to help all parents of those beautiful angel babies born sleeping.” To view her petition, click here.
