Harris - Walz, page-2910

5.4.3 Born with signs of life
Live birth following a termination of pregnancy is an uncommon
outcome. If a baby is born with signs of life, provide care appropriate to the individual
clinical circumstances and in accordance with best practice guidelines.9

The Guideline states that when a baby is “born with signs of life,” practitioners are to “provide care
appropriate to the individual clinical circumstances and in accordance with best practice guidelines.”
The response by Health Minister to a Question Asked on Notice clarifies that “best practice
guidelines” refers to the Queensland Clinical Guideline Termination of Pregnancy.10

This Guideline stipulates that in instances where a “baby is born with signs of life and survival is
determined to be unlikely,” the guidelines state that “active treatment” is not recommended.

The Guideline suggests a range of other best practices including the establishment of “local
procedures for the management of live birth,” including offering counselling and other services to
parents, handling the baby gently and wrapping to provide warmth and offering parents
opportunities to engage in care provision such as cuddling/holding. If parents do not wish to be
involved in palliative care provision, the Guidelines stipulate that healthcare providers “may provide
comfort support strategies”.11

While the present iteration of the Guideline is an improvement on the previous version which
stipulated that “if a live birth occurs…do not provide life-sustaining treatment”, there remain
ambiguities which require addressing.
First, if a live birth occurs following a termination and the baby has no life-limiting condition and is
on the threshold of viability (ie. after 22 weeks and 6 days) or older, it should be clearly stipulated
that life-sustaining medical care should be provided to the child irrespective of parents’ wishes.

Second, if a live birth occurs following a termination and survival is deemed unlikely, it should be
clearly stipulated that if parents do not wish to provide comfort care to the baby, there is a legal
obligation on healthcare providers to do so until the baby is no longer alive.
Further it is important to note, the Guideline is merely that. Indeed, the disclaimer on the inside
cover of the document states that the Guideline is “provided for information purposes only.” The
information contained in the document is:
… not a substitute for clinical judgement, knowledge and expertise, or medical advice.
Variation from the guideline, taking into account individual circumstances, may be
appropriate.
That is to say, while the present Guideline provides for the care of a baby born following a
termination procedure, it does not contain, nor is it necessarily informed by, the force of law. There
is no particular reason why a practitioner would take heed of the guidelines or be subject to scrutiny
for not following them.
Indeed, the Guideline may arbitrarily be subject to change. In point of fact, the present Guideline
with respect to babies born alive came into effect in October 2023. Prior to that date, the clinical
guidelines, with respect to any babies born with signs of life, recommended “not [to] provide life
sustaining treatment (e.g. gastric tubes, IV lines, oxygen therapy).”

The potential changeability of the Guideline calls for the need for the legislature to step in to
enshrine in law that the duty of a practitioner toward a baby born as a result of termination is no
different to the duty owed to any other baby born in circumstances other than a termination.

The amendment brings the Queensland law into line with South Australia and New South Wales.12

The Termination of Pregnancy (Live Births) Amendment Bill 2024 removes any doubt that a baby
alive as a result of a termination of pregnancy procedure has the same right as any baby born in
normal circumstances. This reflects the importance of equal treatment for all babies born in
Queensland.
Achievement of Policy Objectives
The bill will achieve its objective by amending the Termination of Pregnancy Act.
A new section 8B is inserted into the Termination of Pregnancy Act.
S 8B (1) identifies the section applies when a termination causes a baby to be born.

S 8B (2) states that any duty a participant in a person’s birth to provide appropriate care to a baby
born as a result of a termination is no different than any duty they would have to a baby born in any
other way.
S 8B (3) clarifies that the “appropriate care” means medical care and treatment that is (a) clinically
safe and (b) appropriate to the baby’s medical condition, while “participant in person’s birth”
clarifies that the subjects to whom this section applies are the same as those outlined Termination of
Pregnancy Act; that is to say, the registered health practitioner who performed the termination, and
any other practitioners, including students, present at the time of birth.


The bill clearly shows what a lying pos hersuit is.