By Salt 106.5 Network Wednesday 28 Aug 2024NewsReading Time: 3 minutes

Warning: this story involves distressing content.

Abortion is legal in Australia, but there is no national law in place to protect babies born alive during a pregnancy termination.

Key points

• The Queensland Termination of Pregnancy Act “is silent on what happens when a child is born alive as a result of a termination of pregnancy procedure,” according to a statement from the Australian Christian Lobby (ACL).
• The Bill seeks to “clarify the legal and ethical obligations” surrounding what happens when babies are born alive following an abortion.
• “In Australia there is no national law protecting babies born alive after a failed abortion,” Dr Howe said.

In Queensland, an inquiry is now delving into the moral and ethical issue of what should be done in such cases.

Earlier this year, Queensland MP Robbie Katter – the son of federal senator Bob Katter – introduced the Termination of Pregnancy (Live Births) Amendment Bill 2024 into the Queensland Parliament.

The Queensland Termination of Pregnancy Act “is silent on what happens when a child is born alive as a result of a termination of pregnancy procedure,” according to a statement from the Australian Christian Lobby (ACL).

The Queensland Termination of Pregnancy Act “is silent on what happens when a child is born alive as a result of a termination of pregnancy procedure.”

The matter has been referred to Queensland’s Health, Environment and Agriculture Committee (HEAC) for examination.

It is relatively rare for a baby to be born alive during a termination.

What is the Bill?

The Bill seeks to “clarify the legal and ethical obligations” surrounding what happens when babies are born alive following an abortion.

If the Bill is passed, Queensland will follow established laws in South Australia and New South Wales, where legal protection is provided to such babies.

“It is unconscionable that our state’s legislation is silent on how aborted babies born alive should be cared for,” Mr Katter said in a statement.

Removing doubt

The objective of the Bill is to “enshrine in legislation the protections for babies born as a result of a termination of pregnancy procedure.”

The Bill seeks to “clarify the legal and ethical obligations” surrounding what happens when babies are born alive following an abortion.

While there are Queensland Health clinical guidelines of how to care for a baby that is born alive during a termination, the Bill is intended to “remove any doubt that babies born in these circumstances are entitled to the same degree of medical care and attention as a baby born in any other way,” read an HEAC summary.

The guidelines include palliative care recommendations for babies where survival is determined to be unlikely.

First-hand evidence

In disturbing evidence given to the state parliamentary inquiry in Queensland, midwife Louise Adsett described instances of babies born alive during terminations.

“We’ve had babies … gasping for air, moving and having a palpable heart rate – fighting for their lives as we as humans are designed to do,” Ms Adsett said.

The nurse described what she has witnessed as “distressing” and explained the only care available to babies that are deemed unlikely to survive is “merely wrapping and holding the baby.”

No national law

Adelaide-based law professor Dr Joanna Howe also provided evidence to the inquiry. The Rhodes Scholar is pushing for a national legislation regarding live births.

“In Australia there is no national law protecting babies born alive after a failed abortion,” she said.

“In Australia there is no national law protecting babies born alive after a failed abortion,” Dr Howe said.

“This means these babies have no legal rights and in some cases are left to die without any medical care.

Dr Howe, who is as an anti-abortion campaigner, said there was a need for a federal law to provide protection to babies born alive following an abortion, “given that there is no consistent regulatory approach across states and territories in Australia.”

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Article supplied with thanks to Michael Crooks. Michael is a senior journalist and former news editor of Who magazine. His work has appeared in People, Marie Claire, The Daily Telegraph, Herald Sun, news.com.au, Qantas magazine, QantasLink Spirit, Who and The New Daily. 

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