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Human Rights (Children Born Alive Protection) 2021
β¦ Plain-English Summary
# Human Rights (Children Born Alive Protection) Bill 2021
## What it does
This bill requires medical staff to provide care and treatment to babies born alive during abortion procedures. It also requires health practitioners to report these births and makes it an offence to fail to provide medical care in these situations.
## Why it matters
The bill aims to establish legal protections for infants in rare cases where a child is born alive during a termination procedure. It clarifies the legal status and rights of these children under Australian law.
## Key details
- **Health practitioner duty**: Doctors and other registered health workers must provide medical care or treatment to any child born alive during a termination, or face potential prosecution.
- **Reporting requirement**: Health practitioners must report births of children born alive as a result of terminations (specific reporting procedures would be detailed in regulations).
- **Mother protected**: The bill explicitly states that the mother cannot be prosecuted under this lawβthe obligation falls entirely on health practitioners.
- **When it starts**: The law comes into effect the day after receiving Royal Assent (the Governor-General's formal approval).
Official Description
Creates duties for health practitioners to provide medical care or treatment to children born alive as a result of terminations and to report births of children born alive as a result of terminations.
Audit History
Introduced
9 Aug 2021
Last updated on APH
10 Apr 2026
Last checked by Crossbench
yesterday
Full text indexed
yesterday
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