My name is Jill Lens. My son Caleb was stillborn just over 8 years ago when I was 37 weeks pregnant.
I’m a stillbirth mom and a law professor. Since his death, I’ve blended those two lives, focusing my research on how laws affect stillbirth. I was fortunate to recently publish a book entitled “Stillbirth & the Law.” Broadly, the book explores how federal and state laws are 1) contributing to the U.S.’s alarming and stagnant stillbirth rate, 2) affecting the lived experience of stillbirth, and 3) shaping broader ideas about unborn life.
Much of the content about how laws affect the experience of stillbirth is actually about the lack of laws—and the lack of rights, or lack of access to benefits, that stillbirth birthing people have. The lack of rights too easily translates to a lack of support. For instance, the pregnant person should be empowered in decisions of how to give birth, including full information on the benefits and disadvantages of vaginal delivery versus c-section (and be offered a D&E if the baby is stillborn shortly after 20 weeks). No one should be forced into anything. Moreover, the parents should be given opportunities to spend time with their baby. ACOG’s “Management of Stillbirth” guideline is especially inept on this issue, mentioning parent time with the baby only twice, neither of which is about how studies show that these opportunities are beneficial for parents. The pregnant person should also have access to quality mental and emotional health care tailored and accessible to them instead of the generic support group referral. Last, stillbirth parents should have access to specialized care for any subsequent pregnancies. Despite the rainbow baby platitudes, it is not just a normal pregnancy when you’re wondering whether this baby is going to die just like your last child did.
This is aspirational. But we shouldn’t just dismiss it as unobtainable. Far too many of us know how difficult stillbirth is. I’m constantly inspired by stillbirth parents, like Henderson, who do what they can to make things better for the next stillbirth parent.
The book is available at the traditional retailers. You can also order it from the publisher UC Press at https://www.ucpress.edu/books/stillbirth-and-the-law/paper. Use the coupon UCPSAVE for 30% off. You can also read the introduction of the book (and meet my Caleb) here https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5220120.
