(Queensland, Australia) โ Australia, like many Western nations, has softened its stance on abortion in recent years. Each of the States and Territories in Australia have the power to determine their own laws and although there are slight variances in the laws, most allow abortion at around the 22-week mark. In summary:
- Queensland: abortion was only decriminalised in December 2018 and is available on request up to 22 weeks of pregnancy. Abortion is permitted after 22 weeks but two doctors must agree that a termination is appropriate.
- New South Wales: abortion is available on request up to 22 weeks of pregnancy. Abortion is permitted after 22 weeks but two doctors must agree that a termination is appropriate.
- Australian Capital Territory: abortion is legal at any stage of pregnancy with no gestation limit. It must be performed by a doctor in an approved medical facility.
- Victoria: abortion is legal up to 24 weeks of pregnancy for any reason. After 24 weeks, two doctors must agree that a termination is appropriate.
- South Australia: abortion is legal up to 22 weeks and 6 days of pregnancy for any reason. After 22 weeks and 6 days, two doctors must agree that a termination is appropriate.
- Tasmania: abortion is legal up to 16 weeks of pregnancy for any reason. After 16 weeks, two doctors must agree it is appropriate.
- Northern Territory: abortion is legal up to 24 weeks of pregnancy for any reason. After 24 weeks, two doctors must agree it is appropriate.
- Western Australia: abortion is legal up to 23 weeks and must be undertaken by a health professional. After 23 weeks, two doctors are required to approve the abortion.
Although the practice of abortion itself is a grievous sin, what is even more heartbreaking is to hear the stories of babies who have survived abortion, only to be left to die. In Australia, there is no single federal law specifically regulating medical care for infants born alive after an abortion. However, despite considerable opposition from politicians and medical bodies, a parliamentary bill will soon be introduced to the House of Representatives which aims to correct this. It is appropriately called the Human Rights (Children Born Alive Protection) Bill 2026.
Being a representative democracy, Australiaโs Parliament operates on a bicameral system, consisting of the House of Representatives (lower house) and the Senate (upper house). A โborn aliveโ bill was submitted to the Senate in 2022, but regrettably, it did not pass. Consequently, serving politicians in the House of Representatives are now attempting to get the same bill (and under the same title) passed. However, all proposed laws (bills) in Australia must pass both the House of Representatives and the Senate in identical terms before they can become law. Therefore, even if the bill passes in the House, it still faces an uphill battle in the Senate.
According to the Australian Christian Lobby, clinical records indicate that at least 150 babies survive their abortion every year. However, they sadly recognise that this figure is conservative as many live births go unrecorded. Because Australia does not have a federal Bill of Rights (making it the only major democratic country in the world not to have one), human rights protections are granted through a patchwork combination of laws which appear in the Constitution and legislative frameworks enacted across the State and Territory jurisdictions. So, when it comes to the human rights of children in particular (including babies born alive) many pro-life advocates point to the obligations Australia has voluntarily accepted under the United Nations Convention on the Rights of the Child. The four main principles of the Convention concerning children are:
- the right to non-discrimination;
- the best interests of the child as a primary consideration;
- the right to life, survival and development;
- the right to express views and have them taken into account.
It is the third point which is of most interest to pro-life advocates. Denying babies born alive the medical care and treatment they deserve clearly places Australia in breach of its international obligations under the Convention. The proposed parliamentary bill not only seeks to highlight Australiaโs failure to adhere to its obligations under the Convention, it aims to bring legal clarity to the obvious: a child born alive is a person, not medical waste. As such, if the Bill becomes law, it will codify the right to life and adequate healthcare for babies born alive by requiring the provision of either life-saving emergency treatment or palliative care (if death is an unavoidable outcome).
The tragic reality is that in my home State of Queensland, pre-born animals are afforded better legal protections than pre-born children. Existing animal protection legislation requires that adequate care must be provided to pre-hatched or pre-natal mammals, birds, and reptiles. If a breach of these laws causes death, serious deformity or prolonged suffering, an individual is liable for a fine of up to $309,600 or 3 years imprisonment. Think about that for a moment. Queensland law currently requires a lesser standard of care to be provided to babies than to animals of the same gestational age.
Anti-life activists feature prominently in Australia, and unfortunately, they hold sway in political circles. They are so ideologically warped on the subject of abortion that they have not only dehumanised the pre-born, they are also willing to reject the humanity of babies outside the womb as well. But if you dare touch a pre-hatched turtle, look out!
