Legislature passes ‘Jackson’s Law’

MAT-SU — Heartbroken, their voices cracked as mothers, fathers, grandmothers and grandfathers shared their personal stories of loss with members during a House Judiciary Committee meeting March 10.

Jon Goodwin of Wasilla said he began pushing for a rule change to establish civil recognition for stillborn children after the death of his son Jackson on Dec. 6, 2012. He said the boy was full-term and healthy, but died during delivery.

Goodwin said he was surprised to learn that existing Alaska law recognized that criminal charges could result from the wrongful death of a child during delivery, but the civil side of Alaska law offered no avenue for recompense.

Known as “Jackson’s Law,” the bill was approved by the Senate without opposition in March. It had a smooth passage through the House last week and is now awaiting transmittal to the governor for his signature.

“If Jackson had taken a breath, the law would have recognized him legally,” Goodwin said. “It was quite a kick in the gut to find out the state of Alaska doesn’t recognize these unborn children civilly.”

Sen. Fred Dyson successfully moved a bill through the Legislature in 2006 that added criminal protections for unborn children. But the civil component was overlooked at that time, Goodwin said.

“Shortly after he passed, I was asked if he took a breath,” Goodwin said. “We’re one of 10 states that don’t recognize children civilly unless they’ve taken a breath.”

Goodwin said his journey to seek justice for Jackson began in that moment of realization.

“Here we are today because of those efforts,” Goodwin testified before the House Judiciary Committee last month.

His wife, Kimberly Wallace Goodwin, told lawmakers that when a baby dies at birth it isn’t just the mother and father who are shattered. She said every person who felt the joy, hope and anticipation of the child’s birth is wounded by the loss.

“This pain ripples through the people who surround us,” she said. “When that unborn baby doesn’t get to have a life, doesn’t get to be in this world, it’s devastating to all impacted.”

Jon Goodwin pointed out that their son was born full-term and was not a miscarriage.

“There is nothing separating these children from breathing air except for very poor health care,” he testified.

In her testimony to lawmakers, April Dishneau of Palmer shared that her son would have turned 3 the following day.

“It just breaks my heart that it has to be this way,” she said of the death of her son.

Dishneau said she spent months, maybe years, feeling guilty for her son’s death. She said she understands now that she didn’t fail her son.

“We’re just left to deal with the heartache for the rest of our lives,” she said by phone Monday.

Dishneau said she’s excited the law passed the Legislature and is headed to the governor for final approval.

“I like to think this is the biggest present he will ever get,” she said. “It’s the best we can do for him.”

The rule change won’t give the families their children back, Dishneau said, but it may prevent other families from suffering a similar loss.

“If one parent can be spared feeling like this for the rest of their lives, it’s worth it to me,” she said.

In a press release lauding the bill’s passage, Senate sponsor Lesil McGuire said there is nothing more devastating than the loss of a child:

“Jackson’s Law’ is a long overdue response to the heartbreaking stories of families who have suffered such a loss.”

Contact Heather A. Resz at 352-2268 or heather.resz@frontiersman.com.