Human Rights (Children Born Alive Protection) Bill 2026: what it proposes

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Human Rights (Children Born Alive Protection) Bill 2026: what it proposes

The Human Rights (Children Born Alive Protection) Bill 2026 is a private member's bill sponsored by Llew O'Brien, the member for Wide Bay, introduced in the House of Representatives on 17 August 2026. The bill would declare that a child born alive is a person for the purposes of Commonwealth law, including a child born alive as a result of a termination of pregnancy, and would impose a duty on health practitioners to provide medical care or treatment to such a child. It would create an offence for a health practitioner who contravenes that duty, require health practitioners present at a termination or birth to report births of children born alive without identifying the mother, and exempt the mother from prosecution. The bill is at the second reading stage in the House of Representatives and has not been enacted.

This is a federal system guide. State constitutions, parliaments and local-government laws can allocate comparable functions differently.

The useful question is not only “what is the rule?” but also “who administers it, which document controls it, and when might it change?” That distinction prevents an accurate general explanation from becoming wrong advice in a particular election, chamber or policy setting.

Evidence review

What the bill would do

The bill would amend Commonwealth law so that a child born alive is treated as a person, including a child born alive as a result of a termination of pregnancy. The explanatory memorandum says the bill codifies the duty of health practitioners to provide medical care or treatment to a child born alive as no different from the duty owed to any other child.

The bill would create an offence for a health practitioner who owes a duty to provide medical care or treatment to a child born alive and contravenes that duty, including by omitting to act. Medical care or treatment is defined to include treatment appropriate in the circumstances, such as life-saving emergency treatment or palliative care.

The bill would also require health practitioners present at the termination or birth to report in writing details of the birth and the care provided, without identifying the mother, so that statistics can be produced.

The bill would apply the duty to any child born alive, regardless of how the birth came about. The explanatory memorandum explains that a child born alive as a result of a termination is to be treated the same as any other child, and that the duty of care owed by a health practitioner is not diminished by the circumstances of the birth.

Evidence review

Who would be affected

The duty would apply to health practitioners, defined to include people registered or licensed to practise in medicine, nursing, and Aboriginal and Torres Strait Islander health practice.

The bill would exempt the mother of a child born alive as a result of a termination from prosecution. The explanatory memorandum says the bill does not seek to add to the trauma of a difficult decision, but to protect the rights of children born alive.

The bill would bind the Crown in each of its capacities, extend to Australia's external territories, and operate alongside state and territory laws that can operate concurrently.

The reporting obligation would apply to health practitioners present at the termination or birth, requiring them to report in writing the details of the birth and the care provided without identifying the mother. The explanatory memorandum says the reports are intended to support the production of statistics on births of children born alive.

Evidence review

Why the bill was introduced

The explanatory memorandum says the bill aims to enhance Australia's human rights protections for children by ensuring all children receive the same medical care as any other person, including those born alive as a result of a termination.

It refers to Australia's voluntary obligations under the Convention on the Rights of the Child and the International Covenant on Civil and Political Rights, and states that the bill gives effect to those obligations through the external affairs power.

The memorandum notes that figures on babies born alive as a result of terminations are difficult to obtain because guidelines and recording practices differ between states, and that in some states babies born alive during late terminations are usually given palliative care but ultimately die.

Evidence review

Offence and enforcement

The offence in clause 10 of the bill applies where a health practitioner owes a duty to provide medical care or treatment to a child born alive and engages in conduct that contravenes that duty.

The bill provides that a health practitioner registration board must deal with contraventions of the duty to provide medical care or treatment to children born alive in the same way it would deal with any other alleged breach, despite anything to the contrary in professional standards or guidelines.

The explanatory memorandum states the bill would have no financial impact.

Evidence review

Parliamentary status

The bill was introduced in the House of Representatives and read a first time on 17 August 2026, and the second reading was moved the same day.

It is a private member's bill, listed as before the House of Representatives, and it has not been enacted. Its progress can be followed on the Parliament of Australia bill page.

The bill's commencement is proposed for the day after it receives Royal Assent.

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