Baby loss support and your legal rights in the UK

Losing a baby is one of the most devastating experiences a parent can face. Whether it happens at any time during pregnancy or shortly after birth, the impact is real, life-changing and deeply personal. 

While no guide can ease that pain, knowing where you stand legally and what support is available can help you feel in control at a time when your world has been turned upside down. 

This article outlines what legal rights and financial support you may be entitled to, and where to find emotional help and practical guidance after miscarriage, stillbirth or neonatal death. 

We’ve also partnered with Tees Law who have offered expert input from their solicitors who specialise in medical negligence, to help bereaved parents navigate the decisions that follow baby loss. 

Understanding the types of baby loss

Everyone’s experience of pregnancy and baby loss is unique but understanding the terminology used by health professionals and legal systems may help you make sense of what you’re entitled to. 

• Miscarriage: the loss of a baby before 24 completed weeks of pregnancy. This can include early or late miscarriage, ectopic pregnancy, molar pregnancy or termination for medical reasons (TFMR). 

• Stillbirth: the loss of a baby at or after 24 completed weeks of pregnancy, either before or during birth. 

• Neonatal death: when a baby is born alive but dies within the first 28 days of life. 

Each of these may trigger different rights and options but all are painful experiences, and support is available regardless of the clinical definition.

- Sarah Stocker, Senior Associate in Medical Negligence

Your legal rights

“After the devastating loss of a baby, it’s completely natural to feel uncertain about taking legal steps,” shares Sarah Stocker, Senior Associate in Medical Negligence. Here we outline some important steps to help you navigate this difficult time.

Registering a loss 

Depending on when your baby died will determine if you need to register their death or not.

Miscarriage (before 24 weeks): You’re not legally required to register a miscarriage in England, Wales or Scotland. However, you can now apply for a Baby Loss Certificate if you’ve lost a baby before 24 weeks of pregnancy (or 28 weeks before 1 October 1992). 

Stillbirth (after 24 weeks): You must legally register the stillbirth within:

• 42 days (England and Wales)

• 21 days (Scotland)

• 1 year (Northern Ireland)

The hospital or your midwife will guide you through this. You’ll receive a stillbirth certificate, which is different from a birth or death certificate.

Neonatal death (within 28 days of birth): The hospital should issue the medical certificate for cause of death (MCCD) and send this to the Registrar of Births, Deaths and Marriages. 

The Registrar should then contact you to arrange an appointment to register the birth and death at the same time. Someone will need to register the death within five days of receiving the MCCD, unless a coroner is investigating the death. 

You must register both a birth and a death, and you’ll receive official certificates for each. 

Time off work and pay

Trying to work after a loss can be hard without the right support. What is available, however, entirely depends on your employer and at what stage of pregnancy or postpartum the loss occurred. 

After a miscarriage (before 24 weeks):

• There’s no legal entitlement to maternity or paternity leave 

• You can take sick leave if you’re unwell, this may be protected as a pregnancy-related illness

• Some employers offer compassionate leave, so it’s worth checking your workplace policy or asking HR for support

• If your mental or physical health is affected longer-term, you may be entitled to Statutory Sick Pay (SSP) or Employment and Support Allowance (ESA)

After a stillbirth (after 24 weeks) or neonatal death:

• If your baby was stillborn after 24 weeks or born alive at any gestation, you’re entitled to Statutory Maternity Leave and Pay, which is up to 52 weeks of leave and 39 weeks of pay.

• Partners may be entitled to Statutory Paternity Leave and Pay.

• You can take up to two weeks off as Parental Bereavement Leave, either in one block or two separate weeks, within 56 weeks of your baby’s death or stillbirth. Statutory Bereavement Pay may also apply.

Making a complaint or pursuing a medical negligence claim

If you feel your care may have contributed to your baby’s loss, you have the right to:

• Make a complaint through the NHS complaints procedure

• Seek legal advice on a potential medical negligence claim

Tees Law recommends seeking early legal guidance if:

• You feel you weren’t listened to during your pregnancy or labour

• There were delays or errors in your treatment or any diagnosis during pregnancy, labour or the neonatal care of your baby.

• You’re unsure about what happened and want someone to review your notes

“In medical negligence claims, including those involving baby loss, there are strict legal time limits of just three years from the date of death or when you first knew something went wrong”, explains Sarah. 

“Obtaining early guidance ensures you are fully aware of the options and choices, when it’s the right time for you.”

Raising concerns doesn’t mean you have to take legal action - many parents simply want answers, accountability or improvements in future care, so others needn’t face what they have.

Financial support you may be entitled to

Navigating benefits and financial support after baby loss can feel like a maze, especially when you’re grieving. Here’s a breakdown of what might apply to your situation: 

• Statutory Maternity Pay (SMP) or Maternity Allowance (MA): If your baby was born alive or stillborn after 24 weeks, you may qualify for up to 39 weeks of pay.

• Statutory Bereavement Pay: Up to £187.18 per week (2025/26 rate) for eligible employees during Parental Bereavement Leave.

• Universal Credit: Let your work coach know what has happened as they can adjust your commitments.

• Child Benefit: If your baby was born alive, you can claim for up to eight weeks after their death.

• Sure Start Maternity Grant (or Best Start Grant in Scotland): A one-off payment available to families on certain benefits.

• Funeral Expenses Payment: If you receive qualifying benefits, you may be able to claim towards the cost of your baby’s funeral.

• Children’s Funeral Fund (in England): Covers burial or cremation costs for children under 18, including stillbirths.

• Local support grants: Some local authorities and charities offer grants or hardship funds to help with practical costs.

There’s no right or wrong way of navigating grief after losing a baby

Accessing emotional and practical support

You don’t have to go through this alone. Support is available from healthcare services, charities and peer-led groups whenever you feel ready to reach out. 

NHS and local bereavement services

• Many hospitals have dedicated bereavement midwives who can guide you through next steps and offer emotional support.

• Your GP, health visitor or community midwife can refer you to counselling or mental health services.

• Some NHS Trusts offer postnatal debrief sessions to help understand what happened and ask questions about your care.

Charities and helplines

• Sands (Stillbirth and Neonatal Death Society), 0808 164 3332: support for all kinds of baby loss, including groups, counselling and helplines.

• Petals Charity: a charity that offers specialist counselling work for bereaved parents.

• Tommy’s, 0800 0147 800 or [email protected]: expert midwife-led helpline, including a dedicated service for Black and Black Mixed-Heritage parents.

• The Miscarriage Association, 01924 200799: phone support, online forums and information sheets on work, mental health and returning to daily life.

• ARC (Antenatal Results and Choices), 0207 713 7486: specialist support for those who’ve had a termination for medical reasons (TFMR).

• Child Bereavement UK, 0800 02 888 40: support for children and families after the death of a baby or child.

• Saying Goodbye (Mariposa Trust): remembrance services and campaigns to reduce stigma.

Many of these organisations offer peer support groups, 1:1 counselling, memory boxes and online communities.

Talking to children and family members

It can be hard to explain baby loss to siblings or family, but help is out there: 

• Child Bereavement UK offers advice on talking to children about death.

• Winston’s Wish and Grief Encounter also provides resources and age-appropriate support for grieving children.

Returning to work and making decisions about the future

There’s no ‘right’ time to return to work, and it is understandable if you need more time, support, space or flexibility. Speak to your employer about a phased return to work, or additional sick leave using accrued holiday. You also have the right to request flexible working from your employer, whether short-term or long-term.

If your grief is affecting your mental health, ask your GP about support or a Fit Note for extended leave. 

Some parents may consider trying to conceive again. Tommy’s and other charities offer support for pregnancy after loss, recognising the anxiety and emotional weight it can bring.

Just remember: you are allowed to grieve on your own terms, and you are allowed to move forward at your own pace.

How a solicitor can help

Not every baby loss is preventable, but if you feel your care wasn’t safe or adequate, legal advice can help clarify your options. 

A solicitor can:

• Request and review your medical records

• Help you understand if you may have a medical negligence claim

• Support you through complaints processes or inquests, if applicable

• Explain your legal rights clearly and compassionately

Sarah explains: “At Tees, our role is to help families who have suffered from baby loss and provide clear legal advice. 

“Our aim is to help you get the answers to understand what happened to your and your baby. We understand that the prospect of a legal claim can be daunting and will guide you every step of the way.”

If you’re reading this, we want to say: you’re not alone. Whether your baby was lost during pregnancy or after they were born, your grief is valid and your rights matter. 

About Tees

Tees helps families and individuals navigate everyday matters as well as those big defining moments.

The firm’s unique combination of expertise means they can deliver robust, joined up legal and financial advice and give you solutions to help you achieve your goals.

For over 110 years Tees has forged relationships with clients, many of which span generations. They are one of the largest private client legal and financial advisory firms in the East of England. With over 400 legal and wealth advisers on hand, always ready to help you manage your day-to-day legal and financial matters and navigate life’s ups and downs, you can depend on Tees when you need us most.

About the expert

Sarah Stocker – Senior Associate Solicitor, Medical Negligence

Sarah Stocker is a Senior Associate Solicitor with more than a decade of experience in medical negligence claims. She works with clients who have suffered avoidable harm under NHS or private healthcare, combining legal expertise with a compassionate, clear-sighted approach.

Sarah works closely with medical experts and support services to make sure families get the answers and accountability they need. Her aim is to make the legal process feel less daunting at an already overwhelming time and to give clients the confidence to make informed choices about next steps.

Her recent work includes a neonatal death case that led to changes in hospital guidelines and was featured on BBC Panorama. In every case, she tailors her support to what matters most to the family, whether that’s compensation, an apology, or preventing similar mistakes from happening to others.

A former client said: “I needed personal and empathetic handling of my case, which is exactly what I received.”

About the author

Rebecca Roberts is our resident Leeds lass and Senior Content Editor here at Mumsnet, who works daily to write, edit and commission content that’s designed to make parents' lives easier. Beyond her role as an editor here at HQ, she can be found balancing life as a working mum of two toddlers and when she’s not at her desk, you’ll likely find her at a PTA meeting, in a nearby coffee shop, or walking her two dogs up and down country lanes.