Act recognises foetus as a person at 20 weeks

The Archdiocese of Sydney has welcomed the passage through the Lower House of the New South Wales Parliament of the first law in Australia to give legal rights to a foetus, writes Mark Brolly.

Chris Meney, director of the Sydney Church’s Life, Marriage and Family Centre, said the archdiocese welcomed the 63-26 result of the conscience vote in the Legislative Assembly. The legislation known as Zoe’s Law is named after a baby who was stillborn after a car accident. It is an amendment to the Crimes Act, and will be considered by the NSW Upper House, the Legislative Council, in the New Year.

“Zoe’s Law marks the recognition of the unborn child as a person for the purposes of the criminal law,” Mr Meney said. The driver responsible for Zoe’s death was charged with grievous bodily harm for the injuries she caused to the mother, Brodie Donegan, but could not be charged for harming Zoe as the law did not recognise an unborn child as separate from the mother. Ms Donegan was 32 weeks pregnant.

The legislation applies to a foetus that is either 20 weeks or 400 grams by recognising him or her as a living person. It has aroused opposition from groups fearing it would curtail abortion. But Government MP Chris Spence, who introduced the bill, told Parliament: “This bill will not involve prosecutions in relation to lawful abortion.”

The chancellor of the University of Notre Dame, Terry Tobin, QC, circulated a letter signed by three senior Catholic lawyers supporting Zoe’s Law in the lead-up to Parliament considering the bill.