New South Wales parliament is debating a bill this week that seeks to ban abortions performed on the basis of fetal sex.

If passed, health practitioners who perform such abortions would face professional misconduct charges and lose indemnity insurance coverage for the procedure.

At first glance, this might appear to be a defensible measure to address a practice that sits uneasily with gender equality.

But there’s little evidence sex-selective abortions are occurring in Australia.

The South Australian Law Reform Institute has warned such prohibitions would restrict and delay access to time-sensitive care. They would also prove unworkable and unenforceable.

When and how can you determine fetal sex?

Fetal sex can be determined through non-invasive prenatal testing. This blood test is taken from the pregnant person between ten and 14 weeks’ gestation, and costs around A$500 to $800 out of pocket.

Around 25–30% of pregnant people use this type of testing.

Fetal sex can also be determined through routine ultrasounds performed at around 20 weeks’ gestation.

When can you get an abortion?

Australia progressively decriminalised abortion between 2002 and 2023. It’s now legal in all states and territories.

Decriminalisation shifted decision-making power from doctors to pregnant people, recognising them........

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