Stillborn child: civil registration and maternity leave

Stillborn child: definition and Swiss legal framework

In Switzerland, the law distinguishes three situations during childbirth: the child born alive, the stillborn child and the child born without life. This legal distinction determines administrative obligations and parents' rights.

A child born without life refers to a baby who died in utero before childbirth, without showing signs of life at birth (no breathing, no heartbeat, no movement).

Two legal thresholds are determining: 500 grammes of body weight or 22 completed weeks of gestation. If one of these thresholds is reached, the child is considered stillborn and must be declared to the civil registry. Below these thresholds, no legal obligation exists.

Swiss legislation has recently evolved to better recognise perinatal grief. Parents can now have their child registered with the civil registry, even if the thresholds are not met.

The three legal situations to distinguish

Swiss law establishes three distinct cases:

• Child born alive then deceased: The child showed signs of life at birth (breathing, heartbeat). A birth certificate and a death certificate are issued compulsorily, regardless of the duration of life.
• Stillborn child: The child showed no signs of life at birth, but reaches or exceeds the thresholds of 500 grammes or 22 weeks of gestation. Compulsory declaration to the civil registry. Registration in a specific register.
• Child born without life (before the thresholds): The child died before reaching 500 grammes or 22 weeks of pregnancy. No legal obligation to declare, but optional registration possible since the recent evolution of the legal framework.

This distinction determines your administrative obligations and your social rights.

Optional registration with the civil registry: a recent right

For several years now, Switzerland has recognised parents' right to have their stillborn child registered with the civil registry, even when the legal thresholds of 500 grammes or 22 weeks are not met.

This legislative advance constitutes an important recognition of perinatal grief. It allows parents to give official existence to their child, even after a late miscarriage or medical termination of pregnancy.

Registration remains entirely optional. It is a personal choice that belongs to the parents. No obligation weighs on them. Some feel the need for this official recognition, others prefer a more intimate grief.

This possibility responds to a strong demand from perinatal grief support associations. It recognises that the loss of a child, whatever the stage of pregnancy, constitutes a significant event that deserves consideration and respect.

How to proceed with registration

To have your stillborn child registered, contact the civil registry office of your commune or the place of birth.

The procedures must generally be carried out within a reasonable time after birth. Enquire with your cantonal office, as practices may vary slightly according to canton.

You will need to provide a medical certificate attesting to the pregnancy and its outcome. The hospital or your doctor can issue this. Some cantons also require a written declaration from the parents.

You have the right to give a first name to your child during registration. This first name will appear on the civil registry. This step helps many parents to name their baby and recognise their own identity.

Registration does not give rise to a standard birth certificate, but to an entry in a specific civil registry register.

Why register your stillborn child?

Registration with the civil registry offers official recognition of your child's existence. This administrative record can have considerable symbolic importance in the grieving process.

Giving a first name allows you to name the baby, to assign them a distinct identity. Many parents testify that this helps them to talk about their child, to share their experience with those around them.

This step legitimises your suffering. Perinatal grief sometimes remains minimised by those around you or by society. Official registration recognises that you have lost a child, not just "a pregnancy".

Rituals play an essential role in grief. Registration constitutes a formal act that marks your baby's existence. It can accompany other rituals: ceremony, creation of a memorial space, preservation of keepsake objects.

Each family experiences grief differently. Some parents find comfort in this administrative recognition, others do not. There is no right or wrong way to do it.

Maternity leave and late miscarriage: your rights

In Switzerland, maternity leave also applies in cases of perinatal grief, according to certain conditions related to the duration of pregnancy.

If the pregnancy lasted at least 23 weeks (or if the child weighed more than 500 grammes), the mother is entitled to full maternity leave of 14 weeks, even if the child was stillborn or died shortly after birth.

For miscarriages occurring before 23 weeks, the right to maternity leave is generally not granted. The mother may however benefit from sick leave according to her physical and psychological health condition. Speak to your doctor about this.

The two-week paternity leave also applies in situations of perinatal grief, when the thresholds are met. Some employers also grant additional days of bereavement leave. Consult your collective agreement or your employment contract.

These rights aim to protect the physical and mental health of parents after such a difficult ordeal. Do not hesitate to assert them.

Benefits and social protection

If your pregnancy reached 23 weeks, you are entitled to maternity loss of earnings allowances (APG), even in the case of a stillborn child.

To be eligible, you must have been insured with the AVS for the nine months preceding childbirth and have carried out gainful employment for at least five months during this period.

The allowance amounts to 80% of your average income before childbirth, capped at 220 francs per day (2024 figure). It is paid for 14 weeks (98 days).

The procedures are carried out via your employer, who forwards the application to the AVS compensation fund. You will need to provide a medical certificate attesting to the duration of pregnancy.

If you are self-employed, you must make the application directly to your compensation fund. The same conditions and amounts apply.

Protection against dismissal

Protection against dismissal during pregnancy and after childbirth also applies in cases of perinatal grief.

Your employer cannot terminate your employment contract during your pregnancy and for 16 weeks following childbirth, even if the child was stillborn or deceased.

This protection begins from the start of pregnancy (as soon as you inform your employer) and continues automatically after childbirth, whatever the outcome.

If you receive notice during this protected period, it is null and void. The notice period only begins to run after the end of the protection period.

Knowing your rights is essential during this difficult period. You can focus on your physical and emotional recovery without fearing for your employment.

Funeral and ceremony: your options

You can organise a funeral or farewell ceremony for your stillborn child, even if the legal thresholds are not met. This step is never compulsory, but it helps many parents in their grieving process.

Several options are available to you: burial in a cemetery (some have dedicated children's sections), cremation, or symbolic ceremony without burial. Each family chooses according to their beliefs, culture and needs.

Many hospitals offer solutions: some organise collective burials in dedicated spaces, others allow you to collect the body for private funeral arrangements. Enquire with the maternity service.

You can also call upon a funeral director. Funeral professionals are trained to support families in perinatal grief with respect and sensitivity. Consult the Wolky directory to find a funeral director near you.

A ceremony, even a simple one, allows you to say goodbye, to mark your child's existence and to gather your loved ones around you.

Honouring your child's memory

Keeping a record of your child and honouring their memory can help in the grieving process. There are many ways to do this, according to your needs and wishes.

Some hospitals offer to take photographs of your baby, to make prints of their hands or feet. These tangible memories become precious over time. You can also keep objects: birth bracelet, clothing, ultrasound scans.

Creating an online memorial page offers a digital space for remembrance accessible at any time. Wolky Memories allows you to create a space dedicated to your child, add photographs, share thoughts and receive support from your loved ones. This space remains accessible 24 hours a day and can be easily shared with your family and friends.

Other parents choose to plant a tree, create memorial jewellery, write a letter or keep a journal. There is no "right" way to honour the memory. Do what feels right to you, without pressure.

These personal rituals give your child a place in your family history.

Support and psychological counselling

Perinatal grief is a real grief that requires time, patience and support. Do not remain alone facing this ordeal.

Several Swiss associations specialise in supporting perinatal grief: they offer discussion groups, meetings with other bereaved parents, documentation and compassionate listening. These spaces allow you to share your experience with people who truly understand what you are going through.

Professional psychological support can also be valuable. Psychologists and psychotherapists specialising in perinatal grief help you through this difficult period. Do not hesitate to ask your doctor or midwife for a recommendation.

Post-partum medical follow-up remains important even after perinatal grief. Your body has experienced pregnancy and childbirth. Ensure you are well supported physically and emotionally.

Each grief is unique. Allow yourself the necessary time and surround yourself with people who respect your sorrow. Asking for help is not a weakness, it is taking care of yourself.

The loss of a stillborn child remains a profoundly painful ordeal, but Switzerland now recognises parents' right to have their child registered with the civil registry, whatever the duration of pregnancy. This optional step offers official recognition and allows you to honour the memory of the deceased child.

On a practical level, you benefit from important rights: 14 weeks' maternity leave from 23 weeks of pregnancy, protection against dismissal, and the possibility of organising a dignified funeral. These rights exist to support you during this difficult period.

Beyond administrative procedures, taking time to grieve remains essential. Do not hesitate to seek psychological support and surround yourself with your loved ones. If you wish to create a memorial space for your child and allow those around you to share this moment with you, Wolky supports you with respect and compassion in creating a memorial page accessible to all, 24 hours a day.