The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

1.1.S.130 Stillborn child

Definition

A 'stillborn' child means a child:

  • who weighs at least 400 grams at delivery or whose period of gestation was at least 20 weeks
  • who has not breathed since delivery, and
  • whose heart has not beaten since delivery.

Note 1: The child must have been certified by a qualified medical practitioner as having been 'delivered'.

Note 2: Gestation is considered to be the period in which the unborn child is carried in the womb from conception to delivery. If the child is stillborn, the date of delivery is used to calculate gestation.

Act reference: FAAct section 3(1)-'stillborn child'

Last reviewed: