Born-Alive Abortion Survivors Protection Act
Born-Alive Abortion Survivors Protection Act
Plain Language Summary
# Born-Alive Abortion Survivors Protection Act Summary **What the Bill Does:** This legislation requires healthcare providers to give the same medical care to infants born alive during abortion procedures as they would provide to any other newborn at the same stage of development. It also mandates that such infants be immediately admitted to a hospital. Healthcare workers who witness a failure to provide this care must report it to law enforcement. The bill creates criminal penalties—fines and up to five years in prison—for providers who don't comply with these care requirements or fail to report non-compliance. **Who It Affects:** This bill primarily affects abortion providers, hospitals, and other healthcare staff involved in abortion procedures.
It could also impact families in rare situations where a child is born alive during an abortion. The bill treats intentional harm to a live-born child as a serious crime. **Current Status:** The bill has passed the House of Representatives and is sponsored by Representative Ann Wagner (R-MO). It would need Senate approval and presidential signature to become law. Supporters argue the bill protects newborns, while opponents contend it's unnecessary (claiming current law already covers live births) and could complicate end-of-life care decisions in complex medical situations.
CRS Official Summary
Born-Alive Abortion Survivors Protection Act This bill establishes requirements for the degree of care a health care practitioner must provide in the case of a child born alive following an abortion or attempted abortion. Specifically, a health care practitioner who is present must (1) exercise the same degree of care as would reasonably be provided to any other child born alive at the same gestational age, and (2) ensure the child is immediately admitted to a hospital. Additionally, a health care practitioner or other employee who has knowledge of a failure to comply with the degree-of-care requirements must immediately report such failure to law enforcement. A health care practitioner who fails to provide the required degree of care, or a health care practitioner or other employee who fails to report such failure, is subject to criminal penalties—a fine, up to five years in prison, or both. An individual who intentionally kills or attempts to kill a child born alive is subject to prosecution for murder. The bill bars the criminal prosecution of a mother of a child born alive under this bill and allows her to bring a civil action against a health care practitioner or other employee for violations.
Latest Action
Received in the Senate and Read twice and referred to the Committee on the Judiciary.