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Babies Born Alive

In Australia there is currently no national law protecting babies born alive after a failed abortion. This means these babies have no legal rights and in some cases are left to die without any medical care. Two states—NSW and SA—have passed laws mandating that the same provision of care be rendered to a baby born alive after a failed abortion as any other baby born alive. QLD Health has recently changed their guidelines to require this same care. However, the other states and territories have failed to pass such laws, meaning that fundamental birth outcomes now vary from state to state. The provision of medical care should be based on a formal-equality principle with all newborn babies entitled to equal treatment under the law nationally.

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