Plain language law

New Zealand law explained for everyone

Crimes Act 1961

Crimes against the person - Killing unborn child

182: Killing unborn child

You could also call this:

“This law explains when ending a baby's life before birth is not allowed, except in special cases to protect the mother or during legal abortions.”

If you cause the death of an unborn child in a way that would be considered murder if the child had been born, you can go to prison for up to 14 years.

However, you won’t be punished if you cause the death of an unborn child in these situations:

  1. If you do something to save the life of the child’s mother before or during the birth.

  2. If you provide abortion services as allowed by section 10 or 11 of the Contraception, Sterilisation, and Abortion Act 1977.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM329352.

Topics:
Crime and justice > Criminal law
Health and wellbeing > Healthcare services
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Part 8 Crimes against the person
Killing unborn child

182Killing unborn child

  1. Every one is liable to imprisonment for a term not exceeding 14 years who causes the death of any child that has not become a human being in such a manner that he or she would have been guilty of murder if the child had become a human being.

  2. Nothing in subsection (1) applies to any person who before or during the birth of any child causes its death by—

  3. a means employed in good faith to preserve the life of the child’s mother; or
    1. providing abortion services in accordance with section 10 or 11 of the Contraception, Sterilisation, and Abortion Act 1977.

      Compare
      • 1908 No 32 s 220
      Notes
      • Section 182(2): replaced, on , by section 12 of the Abortion Legislation Act 2020 (2020 No 6).