Independent TDs Michael and Danny Healy-Rae have backed proposed legislation which would recognise unborn babies as victims of crime in Ireland, supporting a Bill aimed at closing what its supporters describe as a serious gap in the country’s criminal justice system.
The Criminal Justice (Unborn Victims of Crime) Bill 2026, sponsored by Independent TD Carol Nolan, seeks to ensure that unborn children who die or suffer serious injuries as a result of criminal acts are recognised in law, rather than their deaths being treated solely as harm suffered by the pregnant mother.
The legislation represents a significant attempt to secure greater legal recognition for unborn children, particularly in cases involving violent assaults and dangerous driving. It comes amid growing pressure for Irish law to acknowledge the loss suffered by families whose babies are killed before birth through the criminal actions of another person.
Nolan outlined the proposals in the Dáil, drawing attention to the case of baby Jax Aylward, who died at 31 weeks’ gestation following a road traffic collision in 2024. His mother, Saoirse Aylward, was injured in the crash, and the driver responsible was subsequently sentenced to six months in prison for careless driving.
The case exposed the limitations of existing legislation, with the family unable to secure separate criminal recognition for the death of their unborn son.
A SPUC spokesperson says “In UK law, unborn children are being denied their rightful legal status as a person – which cannot be acceptable. We see what’s happening in Ireland as a great step towards recognising the humanity of the unborn child. Violence against unborn children should not be tolerated in society, abortion is also a barbaric act of violence towards the unborn child. Women and babies deserve better. “
