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Subject: 284 days Tuesday 21/5/2013==to Thursday 21/11/2013


Author:
Zoe's Law to give greater legal rights to unborn babies
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Date Posted: 21:53:28 11/21/13 Thu

Zoe's Law to give greater legal rights to unborn babies
by: Geraldine Cardozo
From: Central Coast Gosford Express Advocate
November 21, 2013 2:52PM
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Brodie Donegan described the long road to justice as "difficult and draining". Source: News Corp Australia


The Entrance Liberal MP Chris Spence. Source: News Corp Australia

The rights of unborn babies have been reinforced under legislation passed in the NSW lower house.

The controversial Foetal Rights Bill, known as Zoe's Law, was put to a conscience vote today but must still be passed by the upper house.

Following weeks of heated and often emotional debate in the lower house, the amended bill, which recognises the existence of a 20-week-old foetus as a living person, was passed by 63 votes to 26.

Zoe's Law Bill (No 2) was introduced to parlaiment by The Entrance state Liberal MP Chris Spence and would allow grievous bodily harm charges to be brought against someone who hurt a foetus more than 20 weeks old or 400 grams.

Opponents of the Bill have argued this could be a gateway to charging women for having abortions.

The legislation was inspired by Central Coast mum Brodie Donegan who was struck by a car on Christmas Day 2009 just meters from her Ourimbah home.

Mrs Donegan, who was eight months pregnant, suffered multiple injuries and her daugher Zoe was stillborn.

The driver was jailed for two year and three months with a non-parole period of nine monhts but was not charged over her death because she was not recognised under existing laws.

Mr Spence said the vote was a "fantastic result".

"This amended version is not about abortion - it never was or will be. Far more votes came our way than we thought, and this overwhelming result sends a clear message to the Upper House, when this issue will be debated some time in the new year," Mr Spence said.

"The Upper House vote will be hard to win and we are coming from a behind position."



Brodie Donegan is rushed to hospital on the tragic day in 2009. Source: Supplied


Brodie Donegan in happier times with her children Ashlee, 3, and Lachlan, 5 months. Source: News Corp Australia



MUM'S MIXED EMOTIONS

Brodie Donegan said this day has been a long-time coming, describing the experience as "draining and difficult".

"I have mixed emotions today, but it is really good that the Bill has got this far. The journey has been very difficult and the whole process has been drawn out and harder than I expected," Mrs Donegan said.

The Bill was introduced to the state's lower house by the Mr Spence on 19 September and has been debated for an hour each Thursday of a sitting week since.

"I think it will probably get through the lower house, but I don't want to get ahead of myself. There are still a lot of people in the upper house who dead-set against the bill and have been campaiging against it, in some cases being very insensitive," she said.

"People against the law see it as a threat to abortion and a threat to the rights of women. I find that really difficult and it makes me cranky, because I am a woman too.

"I try not to take things personally, such as comments on Twitter and articles in the press, but I do. I just try to think about the reasons why I am doing this. This isn't something that we've just come up with on the back of an envelope. It's taken nine months to be drafted with very careful consideration."

She paid tribute to the efforts of Mr Spence. "Chris and his staff have been here all the way through and very supportive. He calls and tells me everything will be okay. He's copped a lot more than I have."

"At the end of the day I'm not a lawyer or a politician, I'm a mother. You have to stick your original intention and to trust the process and trust the people advising you."


THE BILL

Zoe's Law Bill (2) amends the Crimes Act so that a person can be charged with the grievous bodily harm of a foetus that is either 20 weeks old or 400 grams by allowing it to be treated as a living person. It does not apply to anything done with a pregnant woman's consent or during a medical procedure.



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