NSW law gives unborn babies rights Brodie Donegan and her partner Nick Ball. A CONTROVERSIAL law allowing unborn babies to be considered "alive" passed the lower house of the NSW parliament yesterday. If it passes both houses of parliament, NSW will become the first state to give unborn babies legal rights. The bill was introduced by The Entrance MP Chris Spence, who said he was inspired by the death of Brodie Donegan's unborn baby Zoe when she was hit by a car while eight months pregnant. "Zoe's law" passed the lower house of parliament on a conscience vote, 63-26, and will be considered by the upper house next year. It will allow people to be charged with grievous bodily harm if they hurt a foetus that is at least 20 weeks old. An amendment excluded abortion from being subject to the proposed law.