Tragic Scots mum 'crushed' after losing baby at 20 weeks fights for law change
A grieving Scots mum has told of her heartbreak after being told she wasn't entitled to full maternity leave or even a birth or death certificate after losing her baby at 20 weeks
Carol Cowen, from Livingston, had already suffered nine miscarriages and endured a failed round of IVF when she discovered she was pregnant again at the end of 2024.
Understandably anxious, she and her partner Greg went for frequent scans to put their mind at ease. At 18 weeks, her baby was active and moving with a strong heartbeat, but just two weeks later they were given the devastating news that their daughter had passed away.
Carol told Edinburgh Live:"We had a scan two weeks before and she was absolutely fine. She was moving and the heartbeat was strong, so we're not, we weren't sure what had happened at that point.
"We were taken from the scan room upstairs to the maternity ward, and we were put in like a wee suite that they have called the Willow suite, and I was basically told then that we would be given some sort of medication to start labour and I would have to come back and give birth."
Carole was in labour for around seven hours when she gave birth to baby Charlotte, she said she could tell she was a little girl and that she was fully formed, with fingernails.
Following the birth, Carol was rushed to surgery due to complications, she lost around two litres of blood and almost died.
She continued: "I was told shortly after that when I came round that Charlotte - obviously we knew she was a girl, you could quite clearly see she was a girl, she was completely formed at 20 weeks, you could see everything, her fingernails, the whole lot, everything was there - I was told that basically we wouldn't get a birth certificate or a death certificate or anything like that for her because she wasn't born at 24 weeks."
When she explained the situation to her employers, she was told she was only entitled to one week's leave - two, if her manager approved it - because Charlotte was born before the 24-week legal threshold.
She only qualified for sick leave due to her medical complications.
"With that kind of response was just like being having your heart just absolutely crushed," she said.
"That's the only way I can sort of describe it. It's just like it's complete disbelief. Yeah, it's disbelief and you just can't get your head around it, and then finding that out, you kind of feel like your baby doesn't actually matter."
By July, she was forced to return to work. Her sick pay had been halved and with bills mounting, including the cost of IVF, she had "no option".
Now the 43-year-old is campaigning to change the law.
Carol is calling on the UK Government to give mums who give birth from 12 weeks onwards access to full maternity leave and pay. She's also demanding legal recognition for stillborn babies under 24 weeks and a national policy that gives IVF patients protected leave.
The 43-year-old continued: "We lost Charlotte. She was born on the 23rd of March, We're now July and it's still just as raw.
"I don't even know if there are words. It's like having your heart just completely shattered, your whole life just falls apart. You're just completely numb like nothing matters anymore.
"But the thing is, I mean, I'm not alone. There's just so many other families that are going through the exact same thing and the exact same procedures and processes and it's just completely inhumane. It's just awful.
"Obviously if the policies get changed, it's not gonna help obviously us now, but I want nobody else to have to go through this in the future, it's just, It's just terrible. I don't want anyone else to have to feel like this."
Carol has now launched a petition to push for change – and is urging people to back her.
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A Scottish Government spokesperson said: 'The loss of a baby, no matter at what stage of pregnancy, is a traumatic event and our thoughts are with women and families who have been affected.
'The Scottish Government supports enhanced provision of family -related leave and pay and, along with many public bodies, already provides paid leave for parents who experience miscarriage or stillbirth at any stage of pregnancy.
'Scottish ministers continue to call on the UK Government to use its reserved powers over employment to improve provision for families as part of its wider Make Work Pay reforms to ensure that parental leave and pay provision fully supports working parents in Scotland.'
While a UK Government spokesperson added: "We offer our sympathy to Carol and all those who have experienced miscarriage, as well as the challenges of neonatal care and fertility treatment.
'Everyone deserves dignity and respect in these circumstances, which is why our Employment Rights Bill extends protected bereavement leave to those who experience pregnancy loss before 24 weeks, allowing the time to grieve without worrying about work.'
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