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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

  • exercise the same degree of care as would reasonably be provided to any other child born alive at the same gestational age, and
  • 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 summaries

The Born-Alive Abortion Survivors Protection Act is a federal bill that establishes requirements for the care that must be provided to a child born alive following an abortion or attempted abortion. The bill requires a health care practitioner present during the birth to provide the same level of care as they would to any other child born at the same gestational age and to immediately admit the child to a hospital. Health care practitioners or employees who are aware of a failure to comply with these requirements must report the failure to law enforcement.

Failure to provide the required care, or failure to report such a failure, is subject to criminal penalties including a fine, up to five years in prison, or both. The bill also makes it a crime to intentionally kill or attempt to kill a child born alive and provides for prosecution for murder. The mother of a child born alive is not subject to criminal prosecution and may bring a civil action against a health care practitioner or employee for violations of the bill’s requirements.