1. The Stillbirths and Births (Miscellaneous Amendments) Act 2024 (“the Act”) was passed in Parliament on 9 January 2024.
Amendment to Definition of Stillborn Child to Take Effect on 16 April 2024
2. The Act amends the Registration of Births and Deaths Act 2021 (“RBDA 2021”) to update the definition of “stillborn child”.
3. Currently, the RBDA 2021 uses a threshold of after the 22nd week of pregnancy in the definition of a “stillborn child”. The amended definition will raise the stillbirth threshold to after the 24th week of pregnancy. This change takes into account feedback from the medical community that the 22-week threshold in the RBDA 2021 may be misinterpreted to be an indication of foetal viability. 1 Also, the revised stillbirth threshold will align with the cut-off for abortions in the Termination of Pregnancy Act 1974, which is no more than 24 weeks of pregnancy, based on medical and scientific evidence of foetal viability outside the womb; this will remove any potential confusion regarding foetal viability. Additionally, the amended definition will make clear the existing position that an abortion is not considered a stillbirth.
4. The definition of “stillborn child” in the Income Tax Act 1947 will be amended to reflect the amendments to the stillbirth threshold in the RBDA 2021, for the purposes of administering tax benefits.
5. The amendments in paragraphs 3 and 4 will come into effect on 16 April 2024.
Other Amendments to Take Effect Later
6. The Act also amends the RBDA 2021 to allow parents of stillborn children to apply to register a name for their stillborn child within a year of the stillbirth. These new provisions will come into effect when enhancements to ICA’s systems are made, which is estimated to be in about two years’ time. In the meantime, parents who wish to name their stillborn child may apply for a commemorative birth certificate on ICA’s website.
[1] Foetal viability is defined as the gestational age at which a premature live born baby has at least 50% chance of survival until discharge from hospital.
Annexes – Information on Stillbirths and Births (Miscellaneous Amendments) Act 2024
