Explainer: the problems with banning sex-selective abortion
The NSW Legislative Council is debating a bill that will see abortion care re-criminalised - here's what you need to know.
Everyone deserves access to healthcare without obstacles. The bill introduced by John Ruddick would reintroduce criminal penalties for healthcare practitioners if they provide abortion care to a patient who seeks it for sex-selective reasons.
This bill would make it harder to access abortion care in NSW. We know that is the point because John Ruddick has been clear that he wants to restrict access to abortion. The bill amends existing laws by establishing penalties, including imprisonment, for nurses and doctors who arrange, permit, perform or assist in abortions for the purposes of sex selection.
Banning sex-selective abortion does nothing to prevent gender discrimination. The attitudes and beliefs that produce discrimination against women and result in sex selective abortion care remain unchallenged. Instead, the bill risks harming women by limiting their bodily autonomy and creating new obstacles to accessing healthcare.
Sex-selective abortion is already prohibited under NSW law and health policies. This bill goes further by introducing harsh criminal penalties that could leave doctors and nurses fearful of prosecution if they get it wrong. When healthcare professionals face the threat of criminal punishment, some may become more cautious about providing care. The result is that women who need abortion care may face delays, additional scrutiny, or difficulty finding a provider willing to help them.
The bill also creates pressure for medical professionals to question women about their reasons for seeking abortion care in order to rule out sex selection. A woman may need an abortion for a range of complex, distressing and deeply personal reasons. Being forced to justify those reasons can be intrusive, distressing and humiliating at an already difficult time.
In practice, these kinds of laws have raised concerns about racial profiling because they encourage suspicion about who may be seeking an abortion for sex-selection reasons. Women from migrant communities and communities of colour may find themselves subjected to greater scrutiny and questioning based on stereotypes rather than evidence.
At its heart, this bill asks women to justify themselves before they can access healthcare and asks doctors to act as investigators rather than caregivers. It risks creating fear, delays and barriers for people seeking time-sensitive medical care.
This bill is an unacceptable attack on accessible abortion care in NSW. Email your MLCs to urge them to vote down this dangerous bill.
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2026-06-24 08:56:27 +1000
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