What is the legal definition of a miscarriage according to the Births, Deaths and Marriages Act?

The legal definition of miscarriage according to the Births, Deaths and Marriages Act provides clarity on the specifics surrounding fetal loss during early pregnancy. The correct response accurately defines a miscarriage as the issue of a dead fetus weighing less than 400 grams within the first 20 weeks of pregnancy. This definition is significant because it establishes a framework for understanding the parameters of what constitutes a miscarriage in legal terms.

In this context, the reference to weight is crucial, as it differentiates between a miscarriage and other forms of fetal loss or stillbirth based on gestational age and the viability of the fetus. The guideline of 20 weeks is also pivotal in New Zealand law, as it relates to when a fetus is considered viable outside the womb.

When considering the other options, they do not align with the specific legal definitions outlined in the legislation. The mention of a living baby before 20 weeks or the loss of a fetus at any stage of pregnancy lacks the precise parameters needed for legal classification. Similarly, the definition of stillbirth pertains to viability and specific gestational age, which is outside the scope of what is encompassed in the definition of miscarriage. Thus, the correct answer effectively captures the legal boundaries and definitions as intended by the Births, Deaths