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Birth law reform in Adelaide: “Jayden’s law” to value early stillborn

Wednesday, 11 January 2012, 11:56 (EST)
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Family First MLC Robert Brokenshire has this morning announced his move on behalf of a grieving Port Lincoln family to establish “Jayden’s Law”.

The law reform will empower families who have tragically lost a baby to stillbirth inside twenty (20) weeks to be granted a birth certificate. Birth registration laws nationwide mean the baby must have survived 20 weeks’ gestation, or weigh over 400 grams, to be worthy of registration.

Port Lincoln mother Tarlia Bartsch sadly lost her baby on 19 December, one week short of 20 weeks’ gestation. She contacted Members of Parliament seeking law reform and Family First had no hesitation in supporting her.

“Tarlia has highlighted this mean-spirited law and Family First has enormous sympathy for why this law should be changed," Mr Brokenshire said.

“The child was an infant and the families, on request, should be entitled to a birth certificate - that is, recognising their child at law.”

“It is nonsense to say a baby is not an infant recognisable by birth certificate at 19 weeks' gestation but it is at 20 weeks when there is little discernible difference”

At Tarlia’s request, the law will rule out eligibility for the Baby Bonus or similar entitlements, so the reform cannot be criticised as having the wrong motivation.

“This Bill is about closure for families who want it, and Parliament should support that”, Mr Brokenshire concluded.

Rob Brokenshire will move the laws in the spring sessions of State Parliament in Adelaide.



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