Wisconsin Stillbirth Recognition and Support Act signed into law

WISCONSIN – In a historic and compassionate step forward, Governor Tony Evers has officially signed Senate Bill 379/Assembly Bill 373 into law last, creating a state income tax credit for families who experience the devastating loss of a stillborn child.

Each year in Wisconsin, more than 300 families endure the heartbreak of stillbirth, defined as the loss of a baby at 20 weeks gestation or later, up to the time of delivery. Alongside profound grief, many face significant financial burdens.

“A stillborn child brings the same expenses that a living child would,” said Maggie Koch, a Green Bay mom who experienced a stillbirth six years ago with the loss of her daughter, Olivia, at 39 weeks and 5 days. “You’re preparing your nursery. You’re getting your whole life squared away. There’s a lot of medical visits and routine prenatal care. There’s a delivery that’s associated with that. There were a lot of medical expenses after Olivia was born, as well. There was a considerable amount of medical care as we were trying to figure out why she passed away.”

“And then there’s funeral expenses also,” Koch said. “We had her cremated and held a funeral with our family and friends... And then there’s additional time off of work to really try to navigate and wrap your head around having lost your child and anticipating that your child was going to go home with you. And there’s other layers to add in. Therapy and mental health services as you’re trying to navigate such a traumatic event in your life… A lot of folks aren’t necessarily guaranteed time off... so lost wages and compensation and things like that.”

When families experience a stillbirth, costs for things like funeral and burial arrangements, counseling and uncovered leave from work can total anywhere from $4,000-$50,000.

The newly signed law establishes a $2,000 income tax credit for parents whose child is stillborn, intended to help offset medical, funeral, counseling and related expenses that families often face during this unimaginable loss.
Beyond the financial support, the newly passed bill also offers recognition for parents who experience a stillbirth.

“When you go and file your taxes and it asks you if you had a birth this year... you don’t get to recognize your child and it kind of feels like the state doesn’t recognize that your child mattered,” Koch said. “One really important thing for folks who have experienced a stillbirth is we spend the majority of our time as a loss parent ensuring that the memory of our child is not lost. They’re not here every day and we don’t get to share our child’s first day of school, that we went to their dance recital or that they’re here for their birthday. We are constantly protective of and preserving their memory, because that child was a member of our family. There is a tax component to this, but I would say it means even more that the state is recognizing that my child mattered and that she is a Wisconsinite and an important part of our family.”

“While no policy can remove the pain of losing a child, acknowledging that loss and offering tangible support can make a meaningful difference to grieving families,” said Senator André Jacque, co-sponsor of the legislation.

The bill has been introduced several times since 2017 thanks to strong advocacy efforts from Koch and other parents who have experienced stillbirths.

“I have been personally advocating for this for almost seven years and I feel like the stars aligned this year for us to get the support and make it happen,” Koch said. “As part of this process, our bill authors were very genuine and respectful to our children. It was probably one of the most amazing moments when, both in the assembly floor and the senate floor session, as our bill was just a few steps away from getting to the governor’s office, Olivia’s name was read aloud in that space. In the highest piece of our state government, her name rang out among all of the other children of the loss parents we have been working with. I was brought to tears, because that’s a living component of my love for her.”

The legislation received strong bipartisan support throughout the legislative process.

Lawmakers emphasized that while the credit cannot erase grief, it represents meaningful recognition of loss and a commitment to supporting families.

“We’ve heard emotionally devastating stories from parents who have suffered stillbirth,” said Representative Lindee Brill, co-sponsor. “With the governor’s signature… Wisconsin is taking meaningful action to support families through both acknowledgment and care.”

“My want for other families who have yet to experience stillbirth in our state is to be able to support them and make their journey of grief just a little less painful,” Koch said. “I think this does that, and I’d like to think that Olivia and all the other angel babies… I’d like to think that they’re proud of us and our effort. To me, it’s amazing to be able to know that her legacy, in a way, has pushed and motivated me to be an advocate for others.”

With the signing of this bill, Wisconsin became one of the first states in the nation to offer this type of financial recognition and support to families affected by stillbirth.