Born-Alive Abortion Survivors Protection Act
Latest Action
Received in the Senate and Read twice and referred to the Committee on the Judiciary.
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.
GovScope Watchdog™
AI Government Intelligence™The Born-Alive Abortion Survivors Protection Act establishes legal requirements for health care practitioners to provide a specific standard of care to infants born alive following an abortion or attempted abortion. It mandates that such infants receive the same degree of care as any other child born alive at the same gestational age and must be immediately admitted to a hospital. The bill requires health care practitioners or employees who are aware of noncompliance to report it to law enforcement. Criminal penalties, including fines and imprisonment of up to five years, apply for failure to provide care or report violations. The bill also criminalizes the intentional killing or attempted killing of a child born alive and protects mothers from criminal prosecution under this law, while allowing them to pursue civil actions against violators.
This bill sets criminal and civil standards for the care and protection of infants born alive after abortion attempts, imposing penalties for noncompliance and requiring reporting of violations.
- Health care practitioners must provide the same degree of care to infants born alive after abortion attempts as to any other child born at the same gestational age.
- Infants born alive must be immediately admitted to a hospital.
- Failure to provide required care or report violations can result in fines, imprisonment up to five years, or both.
- Intentional killing or attempted killing of a child born alive is prosecutable as murder.
- Mothers are exempt from criminal prosecution under this bill and may bring civil suits against health care practitioners or employees for violations.
['Infants born alive following abortion or attempted abortion', 'Health care practitioners providing care to newborns', 'Mothers of infants born alive under these circumstances', 'Hospitals receiving infants born alive']
['Implementation challenges in defining and verifying the exact gestational age and degree of care required', 'Potential legal and administrative burdens on health care practitioners and hospital staff to comply and report', 'Enforcement mechanisms rely on reporting to law enforcement, which may raise concerns about oversight and consistency', 'Possible increased legal liability and criminal exposure for health care providers', 'Costs associated with immediate hospital admission and care for infants born alive']
The bill was introduced and passed in the Senate during the 119th Congress and referred to the Senate Judiciary Committee. It falls within the policy area of Crime and Law Enforcement and addresses legal standards related to abortion and neonatal care. The bill reflects ongoing legislative efforts to regulate medical practices surrounding abortion and infant care.
High concern review — 3 hidden impact flags detected
GovScope reviewed 3 policy-risk categories. Hover for a quick definition. Click detected flags for bill-specific details.
['Increased legal and administrative responsibilities for health care providers and hospital staff related to care standards and reporting.', 'Potential rise in hospital admissions and associated health care costs due to mandatory immediate admission of infants born alive.', 'Possible deterrent effect on health care practitioners due to criminal and civil liability risks.', 'Increased involvement of law enforcement in medical care situations involving infants born alive after abortion attempts.']
The bill's enforcement relies heavily on mandatory reporting to law enforcement and criminal penalties for health care practitioners, which may require clear guidelines and oversight to ensure consistent application. The absence of the full bill text limits detailed analysis of definitions and procedural safeguards. Transparency around implementation procedures and protections for health care providers will be important for monitoring compliance and impact.
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