According to existing NSW law, unborn baby Zoe was not a human being because, despite spending eight months in her mother’s womb, the baby did not take a breath. Unborn baby Zoe was killed when her heavily pregnant mother was run down on Christmas Day by a 40 year old driver high on drugs. Still to be heard in court, the culpable driver’s charges are limited to driving under the influence of drugs and dangerous driving causing grievous bodily harm to Ms Donegan, not unborn baby Zoe.

“We grieve for the death of unborn baby Zoe and offer every assistance to her family, parents Brodie Donegan and fiancé Nick Ball, and Zoe’s older sister Ashlee,” said Chiang Lim, CEO of NSW Right to Life.

Zoe’s parents decided to tell their story about the death of their child with one aim – to change the law. “The first rule of government is to protect its citizens. The NSW Parliament must introduce Zoe’s Law, to ensure that no other child’s life is lost or forgotten this way,” said Mr Lim.

“Today, everyone knows that babies in the womb breathe through oxygenated blood supplied by their mothers. To suggest that human beings are not human because they can’t draw breath, are we also suggesting that children and adults who cannot breathe without assistance (for example those disabled or are temporarily impaired because of illness or accidents) are also not human beings?” asked Mr Lim.

The NSW Attorney-General and NSW Police Minister are reviewing Byron’s Law, passed in 2005, which allows police and courts to include a charge and sentence up to a maximum of 25 years for those guilty of killing unborn children through their physical violence to the babies’ mothers.

Potentially to be called Zoe’s Law, the change in law will ensure Zoe’s life is not only recognised and remembered, but introduces justice that as a minimum, any unborn baby’s death even by accidents through external and direct causes will attract charges on manslaughter or grievous bodily harm at least, and possibly murder, subject to circumstances.

“Along with the Ball family, we will be asking the NSW Government and every parliamentarian to consider Zoe’s Law and implement it as soon as possible,” said Mr Lim.