O’Brien’s Federal Born Alive Bill Introduced Today

Earlier this year, Australians were confronted with the story of Baby Samuel: a 16-week-old baby boy who was reportedly born alive following an abortion at Townsville Hospital and lived for approximately 30 minutes before dying.[i]

Samuel’s story received national and international attention after an image of him was released by Dr Joanna Howe. In Queensland, it became a catalyst for renewed discussion about what happens when a baby is born alive following an abortion and what obligations are owed to that child. His story also helped encourage thousands of Queenslanders to attend the Public Gathering for Queensland Babies in February.[ii]

Now, a new Bill is set to reach Federal Parliament. Today, Federal Member for Wide Bay Llew O’Brien MP is introduced the Human Rights (Children Born Alive Protection) Bill 2026 into the House of Representatives.[iii]

At its heart of this campaign is a question, one in which many Australians may assume already has a straightforward answer: if a baby is born alive, should that child be entitled to the same legal right to medical care as any other newborn? Of course, the answer is yes.

What would the Bill do?

The 2026 Bill has not yet been formally introduced, meaning its final text is not presently available through the Federal Parliament’s Bills database. However, O’Brien’s Bill, like previous BBA Bills, will seek to ensure that babies born alive after an abortion procedure will receive a legislative right to receive healthcare, just like any newborn baby.[iv]

The Bill follows the model of the Human Rights (Children Born Alive Protection) Bill 2022, which declared that a child born alive following an abortion is a person for the purposes of Australian law.[v] It also placed duties on health practitioners to provide medical care or treatment and established requirements relating to the collection of statistics about babies born alive following abortions.[vi]

If the 2026 Bill follows this model, its focus is not on whether an abortion can legally occur. It deals with what happens after a child has been born alive. Australians hold a wide range of views about abortion. But the question presented by this legislation is narrower: once an abortion has resulted in a live birth, should the circumstances surrounding that birth affect the medical care and legal recognition afforded to the newborn?

History of Babies Born Alive Bills in Australia

The concept of federal legislation protecting babies born alive following abortion has been before Parliament for several years.

In August 2021, then Federal Member George Christensen (Dawson) introduced the Human Rights (Children Born Alive Protection) Bill 2021 into the House of Representatives. The Bill sought to create duties for health practitioners to provide medical care or treatment to babies born alive following abortions and require reporting of those births. It ultimately lapsed when Parliament was dissolved in April 2022.[vii]

The proposal returned on 30 November 2022, when Senators Matt Canavan, Alex Antic and Ralph Babet introduced the Human Rights (Children Born Alive Protection) Bill 2022 into the Senate.[viii]⁴ In February 2023, the Bill was referred to the Senate Community Affairs Legislation Committee for inquiry.[ix] However, it was never enacted and ultimately lapsed at the end of the 47th Parliament on 21 July 2025.[x]

The issue has also been considered at a state level. In March 2024, Member for Traeger Robbie Katter MP introduced the Termination of Pregnancy (Live Births) Amendment Bill 2024 into the Queensland Parliament.[xi] The Bill was referred to the Health, Environment and Agriculture Committee for examination, which reported on the proposal in September 2024. The Committee tabled its report recommending that the Bill not be passed.

Now, five years after the first federal proposal, Llew O’Brien is bringing the issue back before the House of Representatives.

Why is the Bill returning now?

The renewed push comes amid increasing public attention on cases of babies reportedly born alive following abortions in Australia.

In Queensland, Baby Samuel’s story has given the debate a human face. His case prompted widespread discussion about late-term abortion, the treatment of babies born alive and the adequacy of existing protections.

Whatever one’s position on abortion itself, Samuel’s story raises an important question: what duties arise when a baby is born alive following an abortion? That is the question Mr O’Brien’s Bill will now ask Federal Parliament to consider.

The distinction at the heart of the debate is important. This Bill is not asking Parliament to determine the legality of the abortion that preceded the birth. Once a baby has been born alive, there is a living child outside his or her mother’s body. The question for Parliament is what happens next.

If every child born alive is equal before the law, the circumstances of that child’s birth should not determine whether he or she is entitled to medical care, protection and human dignity.

What happens next?

As a private member’s bill, introduction into the House of Representatives is only the beginning. The Bill will now go through a series of stages, we will update our supporters on the progress and when action is immediately needed.

[i] Cherish Life. “Baby Samuel: Queensland’s Pro-Life Awakening.” Cherish Life Website. Accessed 16 August 2026. https://www.cherishlife.org.au/blog/Blog%20Post%20Title%20One-3zaa9-zlxng-67tfc-7sxyg-wpgck-msjxr-64est\

[ii] Cherish Life. “Baby Samuel: Queensland’s Pro-Life Awakening.” Cherish Life Website. Accessed 16 August 2026. https://www.cherishlife.org.au/blog/Blog%20Post%20Title%20One-3zaa9-zlxng-67tfc-7sxyg-wpgck-msjxr-64est\

[iii] Australian Christian Lobby. “Human Rights for Babies Born Alive After Abortion, 2026.” ACL Website. Accessed 16 August, 2026. https://www.acl.org.au/campaigns/stand-for-human-rights-for-baby-abortion-survivors/

[iv] Australian Christian Lobby. “Human Rights for Babies Born Alive After Abortion, 2026.” ACL Website. Accessed 16 August, 2026. https://www.acl.org.au/campaigns/stand-for-human-rights-for-baby-abortion-survivors/

[v] Parliament of Australia. “Human Rights (Children Born Alive Protection) Bill 2022.” Accessed 12 August, 2026. https://www.aph.gov.au/Parliamentary_Business/Bills_LEGislation/Bills_Search_Results/Result?bId=s1359

[vi] Parliament of Australia. “Human Rights (Children Born Alive Protection) Bill 2022.” Accessed 12 August, 2026. https://www.aph.gov.au/Parliamentary_Business/Bills_LEGislation/Bills_Search_Results/Result?bId=s1359

[vii] Parliament of Australia. “Human Rights (Children Born Alive Protection) Bill 2021.” Accessed 12 August, 2026. https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r6731

[viii] Senate Community Affairs Legislation Committee.. “Human Rights (Children Born Alive Protection) Bill 2022.” Parliament of Australia. Accessed 12 August, 2026. https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Community_Affairs/ChildrenBornAlive2022

[ix] Senate Community Affairs Legislation Committee.. “Human Rights (Children Born Alive Protection) Bill 2022.” Parliament of Australia. Accessed 12 August, 2026. https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Community_Affairs/ChildrenBornAlive2022

[x] Senate Community Affairs Legislation Committee.. “Human Rights (Children Born Alive Protection) Bill 2022.” Parliament of Australia. Accessed 12 August, 2026. https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Community_Affairs/ChildrenBornAlive2022

[xi] Queensland Parliament. “Termination of Pregnancy (Live Births) Amendment Bill 2024”. Accessed 17 August 2026. https://documents.parliament.qld.gov.au/speeches/spk2024/Robert_Katter-Traeger-20240320-557929162154.pdf?utm_source=chatgpt.com