Belgium Expands Stillborn Rights, Sparks Abortion Debate

The Belgian federal government has approved a preliminary draft law allowing parents of stillborn children to give them a family name when the death occurs between 140 and 179 days from conception, a reform aimed at providing greater recognition for grieving families. The measure, announced on July 18, has drawn praise from bereavement organizations but raised concerns among women’s rights advocates who fear it could create a slippery slope toward restricting abortion rights.

Context

Under current Belgian law, parents of a stillborn child between 140 and 179 days of pregnancy can only officially give a first name to their child, while the mandatory declaration threshold stands at 180 days of pregnancy. The new measure would allow parents to establish a civil act for a stillborn child in this period, including the possibility of adding a family name, and would also permit adding a family name to existing acts.

The reform also changes the Dutch-language name of the document from “akte van een levenloos kind” (act of a lifeless child) to “akte van een stilgeboren kind” (act of a stillborn child), reflecting what Minister of Justice Annelies Verlinden described as a more respectful approach to grieving parents.

“Stillborn children are forever part of the families in which they were born,” Verlinden said in a statement. “Thanks to this preliminary draft law, this recognition will also find its place in our legislation.”

Key Developments

The reform has been welcomed by Berrefonds VZW, a Flemish bereavement support organization that advocated for the changes through political contacts. The organization noted that the two key modifications will make an immense difference for many parents.

However, the Brussels Council for Equality between Men and Women (CEFH) and the Walloon Council for Equality between Men and Women (CWEFH) filed a joint initiative opinion expressing reservations about the legal and administrative recognition of the embryo or fetus and its potential dangers to abortion rights. According to RTBF, the two councils drew attention to the dangers represented by such recognition with regard to the right to abortion.

“The question here is obviously not to deny or contest the suffering and pain that can be experienced by people who have to go through the ordeal of losing an embryo or fetus during pregnancy,” said Benjamin Wery, president of the CWEFH. “We fear there could be a slippage. If we end up with majorities that are even more hostile to abortion, it would suffice to lower the threshold at that point and effectively have a real collision between being authorized to perform an abortion on one hand, while at the same stage of pregnancy, one could also request the issuance of an administrative act that would look exactly like a birth certificate.”

The 140-day threshold (20 weeks) does not currently overlap with the legal abortion limit of 12 weeks, but sits just under the 18 weeks demanded by advocates of extending abortion rights. The joint opinion from the two councils was published on the CESE Wallonie website.

Analysis

The debate reflects a fundamental tension in Belgian society between two legitimate concerns: providing greater recognition and support for grieving parents of stillborn children, and safeguarding women’s reproductive rights. The CD&V, the Christian-democratic party behind the reform, defends it as purely about supporting bereaved families.

“This simply fits into the ultra-progressive discourse according to which one prefers to deny any form of prenatal life, even if parents would wish otherwise,” said Sammy Mahdi, president of CD&V, responding to critics. “It entails no legal consequences that could compromise a subsequent abortion.”

The controversy unfolds against a backdrop of stalled abortion law reform. The reform of the Belgian abortion law has been postponed to December, with the extension from 12 to 18 weeks demanded by some coalition parties tempered by the CD&V’s proposal of a general extension to 14 weeks with exceptions to 18 weeks for rape victims. Women’s rights organizations have criticized this delay as “political horse-trading at the expense of women and their rights.”

The star register initiatives, which allow symbolic registration of stillborn children in many Flemish and Walloon municipalities, have also been a point of contention. Delphine Chabbert, director of the Fédération Laïque de Centres de Planning Familial, warned that such measures “open the door to a legal recognition of the embryo, which would make women who abort criminals.”

What’s Next

The text must now be transmitted to the Council of State for review, and discussions are expected to continue after the summer recess. The outcome of this legislative process could set precedents for how Belgium balances bereavement support for parents with women’s reproductive rights, particularly as the broader ethical questions—including abortion reform—are scheduled for December debate.

As La Libre reported, the reform represents a significant step in recognizing the place of stillborn children within families, but its broader implications for reproductive rights remain a subject of intense debate.