For the purposes of registration under the Births, Deaths and Marriages Registration Act 1996 (SA), a stillborn baby is one of 20 weeks or more gestation or, if it cannot be reliably established whether the period of gestation is more or less than 20 weeks, a baby with a body mass of at least 400 grams at birth, that shows no sign of respiration or heartbeat, or other sign of life, after birth [s 4]. The definition does not include loss of pregnancy at less than 20 weeks gestation, or following a medical termination (at any stage of gestation).

Commemorative Certificates for Early Loss of Pregnancy are available from Births, Deaths and Marriages to commemorate deliveries that are not able to be registered under the Births, Deaths and Marriages Registration Act 1996 (SA). A commemorative certificate cannot be used for official purposes. For more information, visit the SA Government Early Loss of Pregnancy Certificates webpage.

After the birth of a baby who meets the above definition of a stillborn child:

If a stillbirth is registered, a birth certificate can be issued. The Registrar of Births, Deaths and Marriages does not issue a death certificate.

In circumstances where a baby breathed, even momentarily, and died soon after, then the fact of both the baby's birth and death is registered.

Parental Leave Pay

Parents of a baby who is stillborn or dies may be eligible to receive Government-funded Parental Leave Pay or a Stillborn Baby Payment. See Services Australia's Deciding between Parental Leave Pay and Stillborn Baby Payment page for more information.

Under the Fair Work Act 2009 (Cth), unpaid parental leave and employer-funded paid parental leave must not be refused or cancelled because a child is stillborn or dies. Some exceptions exist. Visit the Fair Work Ombudsman website for more information.

Support services

There are many specialised support services for people affected by stillbirth.

Stillbirth Foundation Australia has a range of free resources for parents, family, friends and colleagues.

Red Nose Australia provides specialised bereavement support free of charge to any person affected by the sudden and unexpected death of a baby or child during pregnancy, birth, infancy or childhood.