Crimes Act 1961

Crimes against the person - Killing unborn child

182: Killing unborn child

You could also call this:

"Harming an unborn baby can lead to prison time, unless it's to save the mother's life or a legal abortion."

If you cause the death of a child that has not been born, you can go to prison for up to 14 years, but only if you would have been guilty of murder if the child had been born. You will not be guilty if you did something to save the mother's life, and you did it in good faith. You will also not be guilty if you provided abortion services in accordance with section 10 or 11 of the Contraception, Sterilisation, and Abortion Act 1977.

If you do something to save the mother's life, it must be done in a way that genuinely tries to preserve her life. Providing abortion services must follow the rules set out in the Contraception, Sterilisation, and Abortion Act 1977. This means you must follow the rules in section 10 or 11 of that Act.

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This page was last updated on 4 August 2025

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 lawHealth and wellbeing > Healthcare servicesFamily and relationships > Children and parenting

181: Concealing dead body of child, or

"Hiding a baby's body is against the law and can lead to prison time."

182A: Miscarriage defined, or

"This law used to explain what a miscarriage means, but it's no longer in use."

Part 8Crimes against the person
Killing unborn child

182Killing unborn child

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.
Nothing in subsection (1) applies to any person who before or during the birth of any child causes its death by—
a means employed in good faith to preserve the life of the child’s mother; or
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 24 March 2020, by section 12 of the Abortion Legislation Act 2020 (2020 No 6).