Hon. Maryka Groenewald asks about the legal status and medical care entitlements of babies born alive after failed terminations in WA. The parliamentary secretary responds that health practitioners have a duty of care to all patients, including babies, in line with existing standards.

AnsweredQoN 264Legislative Council
Asked
5 May 2026
Portfolio
Health

QuestionView source ↗

Pregnancy terminations
264. Hon Maryka Groenewald to the parliamentary
secretary representing the Minister for Health:
I refer to babies
who were born alive following a termination of pregnancy in Western Australia.
(1) Is a baby born alive following a
failed termination considered a legal person with the same entitlements to
medical care as any other newborn in Western Australia?
(2) If yes to (1), since what date has
that standard been in effect?
(3) What law or clinical protocol
establishes this standard?

AnswerView source ↗

I thank the
honourable member for some notice of the question. I provide the following
answer on behalf of the Minister for Health.
(1)–(3) It is extremely uncommon for a baby to be
born alive following an abortion. However, in Western Australia, health
practitioners have a duty of care to all their patients, including babies, in
line with existing standards of care and professional obligations.

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