The controversial foetal rights bill known as Zoe’s Law has lapsed and will need to be redrafted next year in an amended form that does not define an unborn child as a legal person.
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The bill formally lapsed at the end of NSW’s 55th Parliament after being passed by the lower house following a 2013 conscience vote.
However the bill – which seeks to define a 20-week-old foetus as a living person – languished in the upper house.
It will now need to be reintroduced to State Parliament.
Zoe’s Law was prompted after Maitland woman Brodie Donegan lost her unborn after the young mother was hit by a car when she was 32 weeks’ pregnant on Christmas Day 2009.
“All I have done is tried to explain why I think a law is needed from my perspective and because of my/our family’s experience,” Ms Donegan said.
“I haven’t tried to make anyone feel bad for not agreeing with me.”
NSW Greens MP and spokesperson for the Status of Women, Dr Mehreen Faruqi MLC, has welcomed the defeat of Zoe’s Law and has warned it would only be a matter of time before a similar bill is brought about.
Dr Faruqi has a bill to decriminalise abortion before the upper house.
“Thanks to pressure from everyday women and women’s rights groups, as well as the legal and medical community, the MPs pushing for the foetal personhood law have failed to bring it forward for debate on the last day of parliament,” Dr Faruqi said.
“My advice is that the bill will lapse before Parliament resumes after the 2015 election.
“It is, however, just a matter of time before another foetal personhood bill or another such bill that would seek to control women’s bodies is debated in Parliament.
“It is therefore critical that we build the campaign to remove the abortion from the crimes act.
“It is really important that we recognise the deep tragedy of a woman’s loss during pregnancy in an accident, however foetal personhood is not the answer.”