Australian legislation allows abortion up to birth in all States and Territories, which is a heartbreaking and tragic reality. These babies are healthy, fully formed and capable of surviving outside of the womb. The only difference is whether they are wanted or not. Records indicate that at least 150 babies survive their abortion every year, but there are likely to be many more live births unrecorded.
Although they are born with beating hearts and fully developed bodies, these babies are denied the recognition and care given to other newborns because they were not intended to survive. They are unwanted.
After birth, instead of receiving medical care or treatment, many are simply left to die. Some suffer for hours. Rather than being treated as patients deserving of care, they are regarded as medical waste. These babies are left to die, without care, love or basic human rights.
This year, in mid August 2026, MP for Wide Bay, QLD, Mr Llew O’Brien, will present the Human Rights (Children Born Alive Protection) Bill 2026, in the House of Representatives. This bill ensures all babies born during an abortion receive medical care or treatment, are given equal human rights to every other baby and are treated with the dignity that they deserve.
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Previously, Senators Matt Canavan, Alex Antic and Ralph Babet presented the Human Rights (Children Born Alive Protection) Bill 2022 in the Senate, to call for the protection of these innocent babies.
This bill is the same as the one Mr Llew O’Brien MP plans to present and would have ensured all babies born during an abortion receive medical care or treatment, are given equal human rights to every other baby and are treated with the dignity that they deserve. Regrettably, the bill did not pass the Senate.
To our nation’s shame, 456 babies died this way in Victoria from 2010-2022, 494 in Queensland from 2010-2023 and hundreds more in other States and Territories.
Every child is unique, valuable and human and to deny a child born during abortion the rights afforded to babies who are wanted is a horrifying and shameful stain on our society.
A child’s rights cannot be determined by whether they are wanted or not. These are Australian children, not medical waste, and they deserve the same protection as every other child under Australian law.


