Status of Legislation

Bill Introduced
Introduced to House
House to Vote
Introduced to Senate
Senate to Vote

Purpose and 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.

Bill 119 s 6, also known as the Born-Alive Abortion Survivors Protection Act, aims to amend title 18 of the United States Code to prevent health care practitioners from neglecting to provide appropriate care for a child who survives an abortion or attempted abortion. The bill seeks to ensure that these infants receive the necessary medical attention and treatment to protect their lives and well-being.

If passed, this legislation would make it a criminal offense for a health care practitioner to fail to exercise the proper degree of care for a child who survives an abortion. This includes providing medical treatment and ensuring that the infant is transported to a hospital for further care if needed. The bill emphasizes the importance of protecting the rights and welfare of these vulnerable newborns.

The Born-Alive Abortion Survivors Protection Act has sparked debate among lawmakers and the public, with some arguing that it is necessary to safeguard the lives of infants who survive abortion procedures, while others raise concerns about potential implications for abortion rights. Supporters of the bill believe that it is a crucial step in ensuring that all newborns, regardless of the circumstances of their birth, receive the care and protection they deserve.
Alternative Names
Official Title as IntroducedA bill to amend title 18, United States Code, to prohibit a health care practitioner from failing to exercise the proper degree of care in the case of a child who survives an abortion or attempted abortion.

Policy Areas
Crime and Law Enforcement

Comments

Recent Activity

Latest Summary1/30/2025

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.


Latest Action1/22/2025
Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 52 - 47. Record Vote Number: 11. (CR S294-295)