ABC Adelaide: Termination of Pregnancy Amendment Bill


Listen to the interview below:

Ben Hood, Liberal MLC (ABC RADIO ADELAIDE 8.37-8.59) Liberal Party private member’s bill on late-term abortions 

Feldhoff: Ben Hood is the Liberal MLC… good morning to you… Ben, what exactly are you proposing in your private member’s bill around late-term abortions? 

Hood: Sonya, with this bill, what we are looking at is the unintended consequence of the Termination of Pregnancy Act 2021. Since July 2022, we have seen 45 healthy babies killed in utero after 22 weeks and 6 days. Now, the data from the South Australian Abortion Reporting Committee’s annual report doesn’t necessarily tell us how many weeks after that 22 weeks and 6 days these babies are being aborted, but they are healthy babies. What my amendments seek to do is find a balance between a woman’s choice to terminate a pregnancy and the right to life for the baby after 27 weeks and 6 days. We are talking about babies in the third trimester, and it’s important to note that the only method of abortion in the third trimester is for the mother to deliver the baby. The mother can either deliver the baby alive or deliver the baby stillborn, which involves feticide—an injection into the baby of potassium chloride causing cardiac arrest—after which the mother is induced, and the baby is born stillborn. What we are saying is that, in the third trimester, at 28 weeks, a baby has a 96% chance of living, and we need to balance the mother’s choice to terminate with the baby’s right to life. These amendments do not restrict a woman’s choice to terminate at any time in the pregnancy, but after 28 weeks, that child would be delivered early, given the required neonatal care, and the mother can choose to put the baby up for adoption. We are looking to balance the choice of the mother and the rights of the child for life. 

Feldhoff: So, your balance in all of this is terminating the pregnancy but with a live birth at the end of it? 

Hood: That’s correct. The only method for abortion in the third trimester is for the mother to deliver the baby. The mother will either deliver the baby stillborn after feticide or deliver the baby alive. My amendments are simply saying that a baby at 28 weeks has a 96% chance of survival. At full term—41 or 42 weeks—that percentage is 98%. So, I am saying, let’s balance that choice of the mother with the right of the child, deliver that baby alive, and then the mother can put the baby up for adoption. That child should have the right to life. 

Schiller: If the mother’s life has been threatened in some way, would you allow an exception for that? 

Hood: Jules, with regard to these late terminations, it is for the physical and mental health of the mother. We know this is a very sensitive issue, and we’re not limiting a mother’s ability to choose a termination. Feticide is not necessary for the physical or mental health of the mother in aborting a child because it takes 12 to 24 hours. In an emergency situation requiring early induction, the mother would need an emergency caesarean section to quickly get the baby out. But feticide can take 12 to 24 hours. What we’re saying is that past 28 weeks, in the third trimester, the only option is for the mother to deliver the baby. If the baby is delivered, and it has a 96% chance of survival, it should be given that chance, and the mother can still choose adoption. 

Feldhoff: Ben, you’ve talked about this in terms of the mother’s health. What if the decision is being made in terms of the baby’s health? How does your bill deal with that? 

Hood: Well, if the baby isn’t compatible with life, the baby would be born and given the required palliative care, as they are now. The baby would be given morphine and palliative care to ensure it is comfortable before it passes away, just as the law currently dictates. 

Bevan: Why are you doing this? 

Hood: David, a lot of people have spoken to me about this issue since July 2022 when the bill came into effect. My wife is a midwife and is pro-choice, but she has delivered babies at 28 weeks, and she sees those children walking down the street now. She’s given them immunisations. She believes, as I do, that these babies deserve the right to life. Six women, including senior legal and medical experts in obstetrics and neonatology, were involved in drafting this bill. There’s a lot of support for this from experts who think this is a sensible solution to an unintended consequence. We need to ensure that babies in the third trimester, who would otherwise be delivered stillborn, are instead delivered alive. 

Schiller: Ben, obviously many texts are coming through. This is a conscience issue for many people, but a common theme among those against your bill is that it’s a man deciding what a woman should do with her body. How would you respond to that? 

Hood: I completely understand that perspective, and it’s something that comes up in these debates. But I would say I’m a father of three beautiful children and the husband of a senior midwife who has delivered these babies. Again, six women, including senior legal and medical experts, were involved in drafting this bill. I believe this is an important issue, and I don’t think my gender should prevent me from bringing it forward. We need to safeguard against unintended consequences in the third trimester. 

Feldhoff: I think you mentioned 45 terminations beyond 27 weeks. Was that correct? 

Hood: No, beyond 22 weeks and 6 days gestation. 

Feldhoff: How many terminations beyond 27 weeks do you think are done for frivolous or trivial reasons? 

Hood: I don’t think any are for frivolous or trivial reasons. These are decisions made for the physical or mental health of the pregnant woman. The data from the South Australian Abortion Reporting Committee does not specify dates past 22 weeks and 6 days. What we do know is that after 28 weeks, at the start of the third trimester, there is a 96% chance of survival. My amendments simply say that, if a baby must be delivered after 28 weeks, it should be given every chance at life, and the mother still has the option to terminate her pregnancy at any point. 

Bevan: That’s Ben Hood, Liberal MP in the Upper House, speaking about a private member’s bill. It’s not Liberal Party policy; it’s Ben Hood saying this is what we should be doing. 

Connie Bonaros, Independent MP (ABC RADIO ADELAIDE 8.46-8.47) Liberal Party private member’s bill on late-term abortions 

Bevan: Connie Bonaros has called in. She’s a colleague of Ben Hood’s in the Upper House. She’s an Independent MP. Good morning… What are you thinking? 

Bonaros: I don’t think I have ever been more incensed by the words of a male politician. The language Ben is using is insulting and offensive. He says, “just put the baby up for adoption,” as if that’s a simple solution. We had a 560-page report from SALRI that informed our decision-making during the debate. These issues were canvassed thoroughly, and there’s a good reason why we didn’t follow his idea. 

Bevan: Connie Bonaros, thank you for your time. 

Susan Close, Deputy Premier (ABC RADIO ADELAIDE 8.47-8.52) Liberal Party private member’s bill on late-term abortions 

Bevan: Let’s go to Susan Close, the Deputy Premier… good morning. 

Close: Good morning. It troubles me that, yet again, a politician is trying to put themselves in the consulting room with a desperate woman, or girl, and their doctor. Why on earth would we dictate the outcome in such a complex, hard-to-imagine situation? 

Bevan: Isn’t Ben Hood’s point about the unborn baby’s rights at 27 weeks and 6 days? 

Close: That’s one way to look at it, but another perspective is that this is a complex medical issue. The doctor and the pregnant person are best placed to make decisions, and our laws already require a second medical practitioner’s involvement after 23 weeks. We don’t belong in that room. 

Tammy Franks, Greens MLC (ABC RADIO ADELAIDE 8.52-8.53) Liberal Party private member’s bill on late-term abortions 

Schiller: Tammy Franks, MLC and Greens Co-Leader, joins us… What is your view on Ben Hood’s bill? 

Franks: Good morning. I think Ben is looking for a quick political hit to raise his profile, especially with the Liberal Party’s preselection coming up. He hasn’t thought this through. Every pregnancy is different, and decisions should be left to the medical team and the person involved—not Ben Hood. 

Michelle Lensink, Shadow Minister for Women (ABC RADIO ADELAIDE 8.53-8.55) Liberal Party private member’s bill on late-term abortions 

Feldhoff: Within Ben Hood’s own party, there are differing views. Michelle Lensink, Shadow Minister for Women, what do you think of Ben Hood’s bill? 

Lensink: It’s trying to address scenarios that don’t exist. With 20 years of data, we know of only one case at 27 weeks. If a baby is delivered early, the law already requires a duty of care. There’s no need for this legislation, and it could actually increase harm to the mother and baby. 

Back to Ben Hood 

Bevan: Ben, how do you respond to what you’ve heard? 

Hood: David, this isn’t a thought bubble. This bill has been consulted on with senior legal and medical experts. It’s about safeguarding against unintended consequences. I’m looking forward to the debate. 

Schiller: Ben, did you consult with people like Michelle Lensink or Vincent Tarzia? 

Hood: No, I didn’t. This is a private member’s bill, and I have the right to bring it forward. It’s not political. 

Bevan: But why fight a battle you’re going to lose? 

Hood: We don’t know we’re going to lose. 

Bevan: You don’t have the numbers. 

Hood: It’s up to the government to consider it a conscience issue. I believe this bill is sensible, and I’m looking forward to the debate. 

Feldhoff: Thank you for your time, Ben Hood, Liberal MLC.