We pray for all babies who have died in the womb
and for their dear parents and families
PRETORIA SOUTH AFRICA: THE "VOICE OF THE UNBORN BABY" HAS FINALLY BEEN HEARD, ALLEGED NEWS. [1] Parents opting to bury their dead unborn child, even if the unborn is less than 26 weeks old, may now do so: Alleged News. [1] Previously, an unborn deceased child less than 26 weeks old was discarded as medical waste. This led to endless heartache in families for many years.
JUDGEMENT A VICTORY
While this judgement is considered a victory for prospective parents, the Gauteng High Court in Pretoria has excluded the right to bury unborn children who have been medically terminated, including abortions; Alleged News. [1]
VOICE OF THE UNBORN BABY
A group called the "Voice of the Unborn Baby", as well as the Catholic Archdiocese of Durban, challenged the constitutionality of some of the provisions of the Births and Deaths Registration Act (Badra) as it related to how the remains of a spontaneous pregnancy loss of less than 26 weeks and the remains of an induced loss of pregnancy should be disposed of; Alleged News. [1]
JUDGE NOMONDE MNGQIBISA-THUSI
Judge Nomonde Mngqibisa-Thusi said that in the case of pregnancy loss, other than by medical intervention, bereaved parents should have the choice to bury the foetus, Alleged News. [1] The Judge moreover declared the provisions of Badra unconstitutional and invalid where it did not make provision for this: Alleged News. [1]
Parliament has a year to amend the act to make provision for the burial of an unborn child younger than 26 weeks; Alleged News. [1] The Constitutional Court will firstly need to confirm the judgment before it can come into effect: Alleged News. [1]
TRAUMA
The Judge said there was no doubt that pregnancy loss results in emotional and psychological pain or trauma to the prospective parents: Alleged News. [1]
AN UNBORN BABY IS NOT MEDICAL WASTE
The applicants had argued that the emotional pain and grief these parents suffer was no different from those of parents of a stillbirth, taking into account the emotional investment made and the bonding between the parents and the unborn child, Alleged News. [1]
“The emotional pain is exacerbated by the manner in which the foetal remains are dealt with after separation from the mother, and the lack of sympathy received from hospital staff during the separation. These foetal remains are put together with other medical waste and incinerated.
“It cannot be disputed that to the medical staff the foetal remains may be just trash or waste. But to the would-be parents it is not just a thing to be thrown away. To them the foetal remains represent what could have been a child, in some instances a long-awaited child,” the Judge said.
She added that treating the foetal remains as waste was “to say the least, insensitive and disrespectful to the parents who procreated with the hope that the foetus will result in a living being”.
The Judge said there was no reason why the provisions cannot be adapted to cater for a loss of pregnancy other than a stillbirth for those who wish to perform the last rites for the prospective baby and conduct a burial.
“The dignity of the parents who have suffered a loss will be restored. There is no rational link between the purpose of incinerating the foetal remains of a pregnancy loss other than a stillbirth and the cause of the loss.
“Allowing the parents’ to bury the foetal remains under the circumstances will go a long way towards ameliorating the pain caused by the loss and will assist in the process of healing,” the Judge said; Alleged News. [1]
Judge Mngqibisa-Thusi concluded that those parents who request a burial (excluding medical terminations) should be given the right to do so: Alleged News. [1]
MISCARRIAGE
Miscarriage can be a very frightening, unhappy and lonely experience. If you have been affected by a miscarriage, ectopic pregnancy or molar pregnancy, you may wish to turn to a miscarriage association such as
https://www.miscarriageassociation.org.uk/
MISCARRIAGE MINISTRY: CHURCH SUPPORT
"A pregnancy that ends in miscarriage is devastating. Epiphany's Miscarriage Ministry aids mothers, fathers, couples, and families with support, education and compassion following the loss of their unborn child, whether it was very recently or many years ago. [2]
"The experience of those grieving their baby lost to miscarriage can be very isolating. There are many questions during the time of miscarriage. Why is this happening? Where can I go for support and answers? Can I have a funeral or memorial service? Should I name the baby? How do I talk to friends and family who have lost a baby? This important ministry helps those grieving find answers and comfort. "[2]
HOW DOES EPIPHANY'S MISCARRIAGE MINISTRY HELP?
If you have experienced the loss of an unborn child, know that you are not alone. Epiphany embraces you as a supportive community during this time of grief. The Church cares for every life no matter how fragile or brief. Epiphany's Miscarriage Ministry, run by mothers who have little ones waiting for them in heaven, offer support to anyone suffering from such a loss; Alleged News. [2]
To request more information, click in the following link:
https://epiphanycatholic.org/miscarriageministry
[1] Voice of unborn babies heard as parents given right to bury stillborns, Alleged News
[2] Miscarriage Ministry: Ephiphany of the Lord
Voice of the Unborn Baby, Alleged News
With thanks to www.iol.co.za, causeforjustice.org, miscarriageassociation.org.uk and epiphanycatholic.org
