Pro-life advocate Professor Joanna Howe demands change to ‘horrific loophole’ in Stillborn Baby Payment

A controversial Adelaide anti-abortion campaigner has demanded changes to what she’s called a “horrific loophole” in payments for grieving parents.

A $4225 payment to support the parents of stillborn babies is being made available following late-term abortions, in what pro-life advocates say is a “horrific loophole” that should be urgently closed.

The federal government’s Stillborn Baby Payment is provided to eligible parents of stillborn babies born at a gestation period of at least 20 weeks or weighing at least 400 grams at the time of their birth.

The stillbirth must be certified by a medical professional before the one-off payment can be processed but there is no rule barring access following a late-term abortion.

The South Australian Abortion Action Coalition (SAAAC) said the payment recognises the impact on patients who need to access a termination.

Adelaide University law professor Joanna Howe. Picture : RoyVPhotography

Prominent pro-life figure and law professor, Joanna Howe, said she first heard about the potential for the Stillborn Baby Payment to be accessed for a late-term abortion when a hospital administrator raised with her concerns about the “increasing problem”.

She said, since then, several midwives and nurses have told her of their distress at having to sign forms to authorise the payment following an abortion.

“One midwife was in tears over the phone telling me of a mother who had aborted her healthy 28-week-old baby and was intending to use the payment for a holiday in Bali,” she said.

Dr Howe, a key architect of abortion reforms recently voted down by state parliament, said the Stillborn Baby Payment was intended to support parents while they grieve and make funeral arrangements.

“It is a slap in the face to parents who suffer the terrible grief of unexpectedly losing their child to a stillbirth,” she said.

She added that allowing the payment following abortion “opens the door to abuses of the payment”.

“The Stillborn Parenting Payment being accessible in cases of late-term abortion is a horrific loophole that needs to be closed as an urgent priority.”

A SAAAC spokeswoman said the organisation supports the policy.

“(It) treats abortion care as healthcare and recognises the complex impacts on patients who need to access a termination of pregnancy after 20 weeks,” she said.

She pointed to SAAAC-published information that states “later abortions are rare but essential”, and they present traumatic circumstances for patients.

A Department of Social Services spokesman said “there is no evidence to support the claim that policy settings incentivise late-term abortion”.

“The Australian government recognises the tragic loss and trauma of stillbirth,” he said.

There were 805 people who received the Stillborn Baby Payment in 2023-24 – but data is not available on how many times it was paid following an abortion.

“The medical eligibility component of ‘stillbirth’ is determined and declared by a medical professional,” the spokesman said.

“Services Australia does not receive any detail on the nature of this determination.

“For circumstances that are not a stillbirth, such as abortions, supports are available through Services Australia including counselling and support to connect with local services.”