If a stillbirth was caused by care that fell below an acceptable standard, the mother can usually bring a clinical negligence claim in her own right. Courts in England and Wales treat the mother and the unborn baby as one legal person, so she is a primary victim and can claim for her own injuries, including psychiatric injury. There is no separate claim on behalf of the baby, because the statutory right to sue for harm before birth only applies to a child born alive. A partner's own claim is much harder. The mother's claim usually has to start within three years of the stillbirth, or of her date of knowledge if later, and complaints have shorter deadlines.
We are very sorry if you have lost a baby. You do not need to decide anything about a claim straight away, and support is available: the NHS lists the Sands helpline on 0808 164 3332 for anyone affected by the death of a baby.
This guide explains when a stillbirth may lead to a legal claim, how to find out what happened, how to complain and the time limits in each part of the UK. It is general information, not legal or medical advice. We are an independent information service, not a law firm.
What counts as a stillbirth
In law, a still-born child is one that has issued forth from its mother after the 24th week of pregnancy and did not at any time after being completely expelled breathe or show any other signs of life (section 41 of the Births and Deaths Registration Act 1953). The NHS describes a stillbirth as a baby born dead after 24 completed weeks of pregnancy; a loss before that is known as a miscarriage or late foetal loss.
By law, stillborn babies have to be registered: in England and Wales a stillbirth should be registered within 42 days, and the register office can explain when later registration is possible. In Scotland it must be registered within 21 days, and in Northern Ireland you have up to 1 year. The notification from the doctor or midwife and the certificate of stillbirth are also useful records.
Who can claim
The mother. In Zeromska-Smith v United Lincolnshire Hospitals NHS Trust (2019), a mother claimed damages for psychiatric injury arising out of the stillbirth of her daughter, and the High Court held that she was a primary victim and not a secondary victim. The judge said the starting point is that the law regards the mother and the foetus as one legal person. He also referred to Wild v Southend University Hospital NHS Foundation Trust (2014), where it was held that if negligence causes a baby to die in the womb, the mother is a primary victim and has a claim whether or not she has suffered psychiatric illness.
The baby. The Congenital Disabilities (Civil Liability) Act 1976 gives a child a claim where it is born disabled because of something that happened before its birth, but the Act defines born as born alive. So there is no separate claim for a stillborn baby. The Act applies in England, Wales and Northern Ireland. If a baby is born alive with injuries, see our birth injury claims guide.
The partner. A partner who was present may be deeply affected, but a separate claim is difficult. In Paul v Royal Wolverhampton NHS Trust (2024), the Supreme Court said it could not accept that a medical practitioner's responsibilities extend to protecting members of the patient's close family from the traumatic experience of witnessing the death or injury of their relative. See our secondary victim claims guide.
These cases decide the law in England and Wales. Scottish law can differ, although the Supreme Court said its decision in Paul is likely to have considerable persuasive influence in Scotland, so take advice from a Scottish solicitor.
Proving negligence
The claim has to show that the care fell below an acceptable standard and that this caused the stillbirth or the mother's injuries. For diagnosis and treatment, the courts ask whether what was done was accepted as proper by a responsible body of medical opinion, and that opinion must be capable of standing up to rational analysis. A patient must also be told about material risks of recommended treatment and reasonable alternatives: in Montgomery v Lanarkshire Health Board (2015), the Supreme Court said the doctor should have advised the mother of the risk of shoulder dystocia in a vaginal delivery and discussed the alternative of a caesarean section. Causation is usually judged on a "but for" basis.
NHS guidance shows what good maternity care looks for. It advises contacting your midwife or doctor straight away if you are worried about your baby, for example if you have noticed your baby moving less than usual, and not waiting until the next day. It also explains that antenatal appointments let midwives monitor the growth and wellbeing of the baby, and that after a stillbirth the tests offered can show conditions such as pre-eclampsia. Whether care fell below the standard in your case depends on the records and on independent expert opinion.
Finding out what happened
- Tests and post-mortem. You will be offered tests to find the cause of the stillbirth. A post-mortem can provide more information about why your baby died, but it cannot go ahead without your written consent. You will usually have a follow-up appointment a few weeks later to discuss the results.
- MNSI in England. The Maternity and Newborn Safety Investigations programme investigates intrapartum stillbirths, where the baby was thought to be alive at the start of labour and was born with no signs of life, for babies born at term (at least 37 completed weeks) following labour. NHS trusts are required to tell it about these cases, and it does not place blame on individuals.
- Being open about mistakes. In England, providers registered with the Care Quality Commission must act in an open and transparent way with patients and, after a notifiable safety incident, must tell the relevant person, provide reasonable support and include an apology (regulation 20 of the 2014 Regulations). An apology does not of itself amount to an admission of negligence (section 2 of the Compensation Act 2006).
- Records. Ask for copies of the maternity records. Anyone can make a subject access request, and organisations usually have one month to respond. For a claim in England and Wales, the clinical disputes protocol says copy records should be provided within 40 days of a request.
Complaints
- England. Complain to the NHS provider or to the commissioner, but not both, normally within 12 months of the incident or of it coming to your attention. Free help is available from an NHS complaints advocate. The Parliamentary and Health Service Ombudsman, which becomes the Public Service Ombudsman from 1 October 2026, does not usually look at a complaint made more than a year after you first had notice of the matters.
- Wales. Concerns raised after 31 March 2026 follow the Listening to People process, which builds on Putting Things Right. A concern should normally be raised within 12 months and cannot be raised three or more years after the event. Where harm is identified, Welsh NHS bodies must consider redress, and time for a court claim does not run while redress is being considered. Llais offers free complaints advocacy. See our guide to medical negligence claims in Wales.
- Scotland. Normally within six months of the event or of finding out you have a reason to complain, and no longer than 12 months after the event. The NHS complaints procedure does not provide for financial compensation.
- Northern Ireland. Usually within six months of becoming aware and normally no longer than 12 months after the event.
Claims against NHS trusts in England are handled by NHS Resolution's Clinical Negligence Scheme for Trusts. A complaint can bring answers and an apology, but it is separate from a legal claim.
Time limits
The mother's claim must usually start within three years of the stillbirth, or of her date of knowledge if later: the date she first knew that the injury was significant, that it was attributable to an act or omission, and who was responsible (sections 11 and 14 of the Limitation Act 1980 in England and Wales; section 17 of the Prescription and Limitation (Scotland) Act 1973; article 7 of the Limitation (Northern Ireland) Order 1989). Courts can allow some late claims, but only at their discretion.
Stillbirth claim and complaint dates
Indicative only. It applies the registration periods on GOV.UK, the NHS complaint and ombudsman rules for each UK nation and the limitation rules for the mother's claim, and cannot allow for every exception. It is not legal advice. Nothing you enter leaves your browser.
Frequently asked questions
Can you claim compensation for a stillbirth?
Yes, if the stillbirth was caused by negligent care. The claim is usually the mother's, because the courts treat her as a primary victim who can claim for her own injuries, including psychiatric injury. There is no separate claim for the baby, because the 1976 Act only gives rights to a child born alive.
Can the father or partner claim?
It is difficult. In Paul v Royal Wolverhampton NHS Trust (2024), the Supreme Court held that a doctor's responsibilities do not extend to protecting the patient's close family from the experience of witnessing the death or injury of their relative. A solicitor can look at the particular facts.
What is the time limit for a stillbirth negligence claim?
Usually three years from the stillbirth, or from the mother's date of knowledge if later. NHS complaints have shorter deadlines, often 12 months. In Wales, time for a court claim does not run while an NHS body is considering redress.
Will there be an investigation?
In England, the Maternity and Newborn Safety Investigations programme investigates intrapartum stillbirths of babies born at term following labour. Tests and a post-mortem, with your consent, can also help explain what happened, and providers in England must be open with you after a notifiable safety incident.
Should we agree to a post-mortem?
It is your decision, and a post-mortem cannot go ahead without your written consent. NHS guidance says it can provide more information about why your baby died, which may be particularly important if you plan to become pregnant in the future.
Does a complaint affect a legal claim?
A complaint is a separate process from a legal claim, with its own time limits, and the NHS complaints procedure in Scotland does not provide for financial compensation. In Wales, accepting an NHS redress settlement means signing a waiver of the right to bring court proceedings for that liability, so take advice first.
Support and official sources
- Sands: helpline 0808 164 3332 for anyone affected by the death of a baby, as listed by the NHS
- Your maternity unit: a specialist midwife can talk you through tests, registering the birth and what happens next
- Patient Advice and Liaison Service (England): a free, confidential and independent service in most hospitals
- NHS complaints advocacy (England) and Llais (Wales): free help with making a complaint
Related guides: birth injury claims, medical negligence claims, secondary victim claims, medical negligence claims in Scotland and time limits.
Official sources used for this guide: Zeromska-Smith v United Lincolnshire Hospitals NHS Trust [2019] EWHC 980 (QB); Congenital Disabilities (Civil Liability) Act 1976, s.4; Paul v Royal Wolverhampton NHS Trust [2024] UKSC 1; Births and Deaths Registration Act 1953, s.41; Limitation Act 1980, s.11. This guide is general information about the law in the UK, not legal advice; the law can change, so check your own position with a regulated solicitor.