Staff Writer

Standing in the governor’s office last week, Democratic State Sen. Nancy Sullivan said Noah’s Law was the “easiest hardest” bill she has ever worked on. 

Sullivan, who represents Arundel, Kennebunk, Kennebunkport and part of Biddeford, was in Gov. John Baldacci’s office for the ceremonial signing of LD 361, which creates a certificate of birth for a stillborn child that is prepared and filed in accordance with existing requirements for live births. The bill passed the Legislature unanimously earlier this month.

The law is named for Noah James Schuenke, who was born still on Sept. 16, 2008, at Southern Maine Medical Center. His parents, Mark and Lindsay Schuenke of Biddeford, wrote his name for the first time on his death certificate. 

Prior to Noah’s birth, the Schuenkes did not know birth certificates were not issued for stillborn babies. Propelled by their desire to recognize their son and protect other families from the grief of only having a death certificate, they worked with Sullivan and hospital staff to support the legislation.

Along with other families who faced similar losses, Mark and Lindsay Schuenke testified in support of the bill before the Health and Human Services Committee in May. 

“We hope and pray that the passage of this bill will bring some measure of peace and comfort to parents of stillborn babies by recognizing the children they loved and nurtured, but to whom they had to say goodbye far too soon,” Lindsay Schuenke testified.

Katherine O’Connor, a registered nurse and lactation consultant at SMMC who worked closely with Sullivan on the legislation, is happy the bill passed without opposition.

“I am proud that Noah’s Law received incredible legislative support and unanimous votes in both the House and Senate. This was a true coming together by the Maine Legislature for a heartfelt cause,” she said. “The birth of a baby is a huge event, even if the outcome isn’t what we expected or dreamed it would be. To the parents of babies who are born still, these Certificates of Birth Resulting in Stillbirth will bring rightful recognition and dignity to their baby, a bit of peace and comfort, and a sense of solace on such a painful and soulful issue.”

Waiting in the Hall of Flags last week for the meeting with the governor, Mark Schuenke said passage of the bill was “a little bit anticlimactic” after the emotional testimony last month.

“The big push was getting through the testimony,” he said. 

Tammy Scully of Waterville testified at the committee hearing last month and attended the ceremonial signing with her husband, Bob, 5-year-old daughter Jamilynn and 15-day-old A.J.

Their daughter Victoria was born still last year. Tammy Scully said she cried when she heard the legislation became law. 

“I was so happy knowing I could finally do something for Victoria,” she said. “It’s mixed emotions, really. It’s sad we had to go to this extreme, but at the same time that we’ll be able to get a birth certificate is good.”

Inside the governor’s office, Lindsay Schuenke told the governor she feels blessed to be part of the legislation to create the certificates. She said not receiving one “seemed so wrong.”

“Here we had this beautiful baby boy who was alive just hours before we’re signing his death certificate,” she said.

After meeting the families who testified in support of the bill, Baldacci thanked them for their efforts and said protecting children was always important to his mother, who had nine pregnancies and eight children. 

“This hopefully will help a lot of others to recognize the birth and the child,” he said. 

Baladacci said meeting the families and hearing their stories was a “little ray of a bright spot” on an otherwise dreary day.

After the ceremony, Sullivan said the bill was the “easiest hardest” one she had worked on because of the emotions involved. She said it was hard to hear the stories of tragic loss, but easy to recognize that creating the certificates is the right thing to do. 

Sullivan praised Mark and Lindsay Schuenke for their work on the bill and in reaching out to others to share their story. 

“These two people are the most courageous I know. They were willing to stand up and say something went terribly wrong,” Sullivan said. “They tried to make it better for other people and create a legacy for their son.”    

Sullivan encouraged supporters to reach out to the community to educate people about the law and services available for parents of stillborn babies. Mark Schuenke said he and his wife likely will try “break down barriers” and educate others on how to interact with people coping with loss. 

For Mark Schuenke, creating a legacy for his son was an important part of the process. He said he is honored the law carries his son’s name. Still unsure of how he will feel when he receives Noah’s birth certificate, Mark Schuenke said he and his wife are still grieving the death of their son.

“We’re celebrating today but we’re still mourning. This is not something you get over, it’s a lifetime process,” he said. “This is just one step in the healing process and the learning process.”

Staff Writer Gillian Graham can be reached at 282-4337, ext. 213.