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Zoe's law: I am pro-choice, but my daughter deserved to be recognised Zoe's law: I am pro-choice, but my daughter deserved to be recognised
(5 days later)
Many of you probably have heard of Zoe’s law, which is being discussed this week here in Australia. It was named after my daughter.Many of you probably have heard of Zoe’s law, which is being discussed this week here in Australia. It was named after my daughter.
Zoe did not survive when a driver under the influence of drugs left the road and hit me on Christmas day 2009. I was 32 weeks pregnant. It took three hours to extract me from the scene and transport me via helicopter to the hospital. My daughter had a heartbeat upon arrival. Two hours later, when they began to have trouble locating it, I was given an emergency caesarian.Zoe did not survive when a driver under the influence of drugs left the road and hit me on Christmas day 2009. I was 32 weeks pregnant. It took three hours to extract me from the scene and transport me via helicopter to the hospital. My daughter had a heartbeat upon arrival. Two hours later, when they began to have trouble locating it, I was given an emergency caesarian.
Zoe didn’t make it. She couldn’t hold on that long, and they couldn’t resuscitate her. I sustained many injuries, including a 10cm screw inserted in my hip, a broken rib, a broken foot and a degloved right thigh. I was in hospital for almost five weeks, couldn’t walk on my right leg for three months, and was unable to walk unaided for five. But losing my daughter was by far the hardest thing to recover from.Zoe didn’t make it. She couldn’t hold on that long, and they couldn’t resuscitate her. I sustained many injuries, including a 10cm screw inserted in my hip, a broken rib, a broken foot and a degloved right thigh. I was in hospital for almost five weeks, couldn’t walk on my right leg for three months, and was unable to walk unaided for five. But losing my daughter was by far the hardest thing to recover from.
When the driver was finally charged six months later, it was only with dangerous driving causing grievous bodily harm to me. She did not even lose her licence until sentencing, some nine months after being charged. Zoe was listed amongst my injuries, and I couldn’t reconcile that my daughter – which I’d held, cried over and willed to breathe – was placed in a list of broken bones and soft tissue injuries. I couldn’t reconcile that the child I’d applied for a stillbirth certificate for, held a funeral for, received the baby bonus for and received paid parental leave from work for wasn’t recognised separately to me.When the driver was finally charged six months later, it was only with dangerous driving causing grievous bodily harm to me. She did not even lose her licence until sentencing, some nine months after being charged. Zoe was listed amongst my injuries, and I couldn’t reconcile that my daughter – which I’d held, cried over and willed to breathe – was placed in a list of broken bones and soft tissue injuries. I couldn’t reconcile that the child I’d applied for a stillbirth certificate for, held a funeral for, received the baby bonus for and received paid parental leave from work for wasn’t recognised separately to me.
Two things happened this year. The initial bill was introduced into parliament – without any consultation with me or my family – by reverend Fred Nile. We are pro-choice, and did not want any law to possibly infringe on women’s rights. So my partner and I worked decided to work with our local MP, Chris Spence, to write a law we could support. Zoe’s law is that law.Two things happened this year. The initial bill was introduced into parliament – without any consultation with me or my family – by reverend Fred Nile. We are pro-choice, and did not want any law to possibly infringe on women’s rights. So my partner and I worked decided to work with our local MP, Chris Spence, to write a law we could support. Zoe’s law is that law.
It is a very tightly written bill and we are confident it does not threaten women's or medical professionals rights. Many of the hypothetical scenarios floating around by women's lobbies being worried about Zoe's law being a threat to abortion rights are simply not true. Zoe's law would not affect a women’s right to choose to end her pregnancy. It would not affect any actions taken by a disabled mother or underage mother. It would not affect the sale nor use of the abortion pill RU486. It cannot, in any shape or form, charge the mother. It exempts anything done by the mother or with her consent. Even if a mother committed a crime which as a result would harm her baby, she would still not be charged. It also exempts medical procedures and medical professionals assisting a pregnant woman.It is a very tightly written bill and we are confident it does not threaten women's or medical professionals rights. Many of the hypothetical scenarios floating around by women's lobbies being worried about Zoe's law being a threat to abortion rights are simply not true. Zoe's law would not affect a women’s right to choose to end her pregnancy. It would not affect any actions taken by a disabled mother or underage mother. It would not affect the sale nor use of the abortion pill RU486. It cannot, in any shape or form, charge the mother. It exempts anything done by the mother or with her consent. Even if a mother committed a crime which as a result would harm her baby, she would still not be charged. It also exempts medical procedures and medical professionals assisting a pregnant woman.
It would give personhood status to foetuses of 20 weeks or more, of 400 grams or more, in very specific contexts only. The mother would not lose her rights; she would only gain the right to have her baby recognised separately if, due to a violent or criminal act, the baby is harmed or loses life.It would give personhood status to foetuses of 20 weeks or more, of 400 grams or more, in very specific contexts only. The mother would not lose her rights; she would only gain the right to have her baby recognised separately if, due to a violent or criminal act, the baby is harmed or loses life.
Why have we done all of this? Because from a victim's perspective, we wanted to have our loss acknowledged. We held our daughter. She was real and existed. Had she been born in any other circumstances, she most likely would have survived without any complications. She was a good weight and size. This is not about an eye for an eye. It’s not about murder or manslaughter, and it's not about sending an offender to prison for specific periods of time. It’s just about recognising the life that was lost.Why have we done all of this? Because from a victim's perspective, we wanted to have our loss acknowledged. We held our daughter. She was real and existed. Had she been born in any other circumstances, she most likely would have survived without any complications. She was a good weight and size. This is not about an eye for an eye. It’s not about murder or manslaughter, and it's not about sending an offender to prison for specific periods of time. It’s just about recognising the life that was lost.
I am pro-choice. I do not want to see any rights taken from women. But I cannot reconcile how the current law works. Zoe's law works well with existing legislation, and I believe it would help give victims closure and also ensure the offender takes responsibility for their actions.I am pro-choice. I do not want to see any rights taken from women. But I cannot reconcile how the current law works. Zoe's law works well with existing legislation, and I believe it would help give victims closure and also ensure the offender takes responsibility for their actions.
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