Children Born Alive After Termination Are Persons, and Fines for Health Practitioners Who Fail to Provide Care or Report the Birth
Human Rights (Children Born Alive Protection) Bill 2026
Private Member's BillHouse of Representatives
Senate
Assent
Topics
abortion child safety criminal penalties healthcare healthcare regulation infant rights medical ethics newborn care professional licensing public health reproductive health +6 more
Introduced by: Llew O'Brien MP (LNP)
Links to official parliament websites
Effects of this bill
If this bill passes, it means that:
A child born alive is legally a person.
Health practitioners must provide the same medical care to a child born alive after a termination as they would to any other child.
Health practitioners commit an offence if they fail to provide this medical care; fines are 2,000 penalty units (2026: $728,000).
Health practitioners who cause a termination or are present at the birth must report the birth to the Department in writing within 5 business days.
Health practitioners commit an offence if they fail to report the birth; fines are 100 penalty units (2026: $36,400).
Registration boards must treat a practitioner's failure to provide care after a termination the same as any other failure to provide care.
Mothers are exempt from prosecution for offences relating to a child born alive after a termination.