Ministers who voted against the bill in the lower house on Thursday included Health Minister Jillian Skinner, Transport Minister Gladys Berejiklian, Environment Minister Robyn Parker and the Minister for Women, Pru Goward. Brodie Donegan, who was hit by a car when she was eight months pregnant. Credit:Jacky Ghossein MPs from both sides of politics who opposed the Crimes Amendment (Zoe's Law) Bill said its definition of a foetus at 20 weeks, or 400 grams, as an unborn child, taken to be a separate living person, was arbitrary. Liberal MP for Hornsby Matt Kean was among government MPs who spoke against the bill, saying it would "open the door to unintended consequences". "I strongly believe that the current laws adequately address and deal with criminal incidents involving the death of an unborn child," he said.

"Intentionally causing grievous bodily harm carries a penalty of up to 25 years, and recklessly doing the same carries a maximum penalty of 14 years. "If the mother of the child is injured, and the foetus is destroyed, both harms can be taken into consideration as aggravating factors, as outlined in section 21A(g) Crimes (Sentencing and Procedure) Act." The National Party MP for Bathurst, Paul Toole, supported the bill, saying the "eyes of the law" should recognise unborn children like Zoe. Premier Barry O'Farrell spoke in support of the bill. "For me this is a simple question," he said. "If a woman is injured in some way, that woman is pregnant, there ought to be a recognition in the law of that fact."

"Anybody who has met or has heard Brodie Donegan's story could not help but be moved." Shadow Treasurer, Michael Daley, said he was pro-choice and would also support the bill. "If I thought this was a bill that did pit the rights of an unborn child against the rights of the mother, I would not be supporting the bill," he said. "But rather, I see this as a bill that pits the rights of an unborn child against the actions of an alleged or potential wrongdoer." The NSW Law Society has criticised the law as unnecessary, saying it will lead to unjust sentencing, with its definition of an unborn child likely to spill into murder and manslaughter cases. Women's groups fear the legislation will interfere with a woman's right to have an abortion.

Zoe's Law seeks to define a 20-week-old foetus as a living person, so that charges of grievous bodily harm can be laid if a pregnant woman loses her unborn child in a motor vehicle accident or assault. The law recognises grievous bodily harm to the mother, with a maximum penalty of 20 years' jail, if her foetus dies in these circumstances. Chris Spence, the Liberal MP for The Entrance who introduced the bill on behalf of Ms Donegan, his constituent, said the death of Zoe had touched many people. "This bill will ensure that the law recognises and acknowledges [an unborn child] in rare cases where the death of an unborn child comes about by the criminal actions of another," he said. Mr Spence said the bill will not open the way to prosecutions in relation to lawful abortions and treatments.

However, the NSW Greens status of women spokeswoman, Mehreen Faruqi, said her party would fight against the legislation in the upper house. “It is extremely disappointing that so many MPs from both Labor and the Coalition would vote to support a law that has been opposed by many legal and health bodies, such as the NSW Bar Association, the Australian Medical Association NSW, and the Royal Australian and New Zealand College of Obstetricians and Gynaecologists," she said. “The Greens, with many women's and community groups, have been campaigning to expose this law for what it is, an unnecessary and dangerous law that will restrict women's rights and access to reproductive health."