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| Sophie's Law: mother campaigns to legally recognise unborn babies | Sophie's Law: mother campaigns to legally recognise unborn babies |
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| A Queensland woman whose unborn child died in a crash with a drunk driver a week before she was due to give birth is campaigning to give all foetuses past 30 weeks’ gestation full rights as a human being. | |
| Sarah Milosevic was 39 weeks pregnant when a speeding car driven by a drunk and drugged driver crashed into the car she and husband, Peter, were travelling in at Marsden, 30km south of Brisbane, on 29 August 2014. | |
| The driver, Rodney Leigh Shaw, 33, was convicted of driving offences and last month fined $950 and had his licence suspended for five months by a Queensland court. | |
| More than 93,000 people have signed Milosevic’s online petition calling for “Sophie’s law”, named for the Milosevics’ unborn daughter, Sophie Ella. On Wednesday Milosevic announced she had secured a meeting with Queensland attorney-general, Yvette D’Ath. | More than 93,000 people have signed Milosevic’s online petition calling for “Sophie’s law”, named for the Milosevics’ unborn daughter, Sophie Ella. On Wednesday Milosevic announced she had secured a meeting with Queensland attorney-general, Yvette D’Ath. |
| Related: Zoe's law: Fred Nile accused of using death of foetus to further anti-abortion agenda | Related: Zoe's law: Fred Nile accused of using death of foetus to further anti-abortion agenda |
| The campaign for Sophie’s law comes two months after Christian Democratic party MP Fred Nile reintroduced a bill on foetal personhood to the NSW parliament, called Zoe’s law in reference to the unborn child of Brodie Donegan. Donegan, who was hit by a drugged driver when 32 weeks pregnant with Zoe, pushed for some recognition of foetal deaths but does not support Nile’s legislation. | |
| In a statement accompanying her online petition, Milosevic said Sophie was stillborn after the crash and said the following 18 months had been “hell”. | In a statement accompanying her online petition, Milosevic said Sophie was stillborn after the crash and said the following 18 months had been “hell”. |
| “Instead of bringing my baby girl home I had to plan her funeral – I was that close to the end of my pregnancy,” she said. | “Instead of bringing my baby girl home I had to plan her funeral – I was that close to the end of my pregnancy,” she said. |
| “And now the man responsible gets away with it because she was stillborn and has no rights in a court of law. I want that law changed. I want all babies past 30 weeks of gestation to have the right to be classed as a human being. I want pregnant women protected against acts of violence and against their babies dying because of an avoidable cause.” | “And now the man responsible gets away with it because she was stillborn and has no rights in a court of law. I want that law changed. I want all babies past 30 weeks of gestation to have the right to be classed as a human being. I want pregnant women protected against acts of violence and against their babies dying because of an avoidable cause.” |
| Related: Zoe's law, which put legal abortion in NSW at risk, all but defeated | Related: Zoe's law, which put legal abortion in NSW at risk, all but defeated |
| D’Ath’s office declined to confirm details of the meeting, but she said: “I am aware of the petition and I am willing to speak to her about this issue. | |
| “My sympathies to Ms Milosevic for her terrible loss.” | |
| Legislation to recognise foetal personhood past 20 weeks of gestation was defeated in the NSW upper house in 2014, after widespread concern that it could curtail abortion rights and have the unintended consequence of making later term abortions illegal, despite amendments excluding medical procedures. | Legislation to recognise foetal personhood past 20 weeks of gestation was defeated in the NSW upper house in 2014, after widespread concern that it could curtail abortion rights and have the unintended consequence of making later term abortions illegal, despite amendments excluding medical procedures. |
| That legislation was one of four bills titled Zoe’s law but the only to be supported by Donegan, who has repeatedly said she was pro-choice and did not want to impact on abortion rights. | That legislation was one of four bills titled Zoe’s law but the only to be supported by Donegan, who has repeatedly said she was pro-choice and did not want to impact on abortion rights. |
| The other three bills were introduced by Nile and the case has become a rallying point for the pro-life campaign in Australia. | The other three bills were introduced by Nile and the case has become a rallying point for the pro-life campaign in Australia. |
| That same movement appears to be rallying around Sophie’s law now, with many of those who signed the petition commenting that the law should be changed to recognise the independent human rights of an unborn child in all stages of development. | That same movement appears to be rallying around Sophie’s law now, with many of those who signed the petition commenting that the law should be changed to recognise the independent human rights of an unborn child in all stages of development. |
| However, Milosevic said that was not her intention, adding the disclaimer: “Please note, I do not want to affect a woman’s right to abortion or have a pregnancy terminated for any medical reasons.” | However, Milosevic said that was not her intention, adding the disclaimer: “Please note, I do not want to affect a woman’s right to abortion or have a pregnancy terminated for any medical reasons.” |
| In the United States, the push to recognise foetal personhood is tied up with the question of whether a foetus is “viable”, meaning whether it could survive independently, which underpins the constitutional right to an abortion. In September, a Republican push to ban abortions after 20 weeks on the grounds of viability was blocked by Democrats in the Senate. | In the United States, the push to recognise foetal personhood is tied up with the question of whether a foetus is “viable”, meaning whether it could survive independently, which underpins the constitutional right to an abortion. In September, a Republican push to ban abortions after 20 weeks on the grounds of viability was blocked by Democrats in the Senate. |
| Rachel Carling-Jenkins, a Democratic Labour Party MP, has moved to introduce similar laws in Victoria, where abortion was decriminalised in 2008. In October, Carling-Jenkins introduced the infant viability bill, which would outlaw abortions past 20 weeks and potentially imprison doctors who performed them. The bill, which is widely expected to fail, will be up for debate this year. |