The Born-Alive Abortion Survivors Protection Act requires health care practitioners to provide the same level of care to infants born alive after an abortion attempt as they would to any other newborn, mandating immediate hospitalization and imposing penalties for violations, while protecting the mother from prosecution. It also allows the mother of a child born alive to file a civil action against anyone who violated the act.
Ann Wagner
Representative
MO-2
The "Born-Alive Abortion Survivors Protection Act" ensures that infants born alive after an abortion receive the same medical care as any other newborn, mandating immediate hospitalization and requiring healthcare practitioners to report any failures to comply. Violators face fines, imprisonment, and potential prosecution for homicide or attempted homicide, while the mother of the child cannot be prosecuted. The bill also allows the woman who had the abortion to file a civil action against anyone who violated the act. It defines abortion and attempts at abortion, and renames "Partial-Birth Abortions" to "Abortions" in relevant sections of the U.S. Code.
| Party | Total Votes | Yes | No | Did Not Vote |
|---|---|---|---|---|
Democrat | 215 | 1 | 204 | 10 |
Republican | 218 | 216 | 0 | 2 |
New 'Born-Alive' Bill Mandates Care After Abortions, Adds Criminal Penalties: Doctors Face Up to 5 Years in Prison for Non-Compliance
The "Born-Alive Abortion Survivors Protection Act" changes the rules for healthcare providers when a baby is born alive during an abortion procedure. This new law requires doctors and other medical staff to provide the same level of care they'd give any other newborn at the same gestational age, and it mandates immediate transport to a hospital. (SEC. 3.)
Mandatory Care and Reporting
The core of the bill centers around new requirements and penalties in the U.S. Code (18 U.S. Code § 1532). It spells out that any healthcare practitioner present must provide life-saving care, and then must ensure the infant is immediately taken to a hospital. Not only that, but anyone working in the hospital, clinic, or doctor's office is legally required to report any failures to comply to law enforcement. (SEC. 3.) For example, a nurse who witnesses a doctor failing to provide appropriate care would be legally obligated to report it, or potentially face penalties themselves.
Criminal Penalties and Lawsuits
This is where it gets heavy. If a healthcare provider doesn't follow these new rules, they could face fines and up to five years in prison. Even more serious, anyone who intentionally harms or kills a child born alive in this situation faces the same punishment as someone convicted of intentionally killing any other person (under Section 1111 of Title 18). Plus, the bill opens the door for civil lawsuits. The woman who had the abortion can sue the healthcare provider for damages—including money for psychological and physical harm, plus triple the cost of the original procedure, and even punitive damages. (SEC. 3.)
Defining Terms
It is important to understand how the bill defines "abortion" and "attempt." An "abortion" is defined broadly as using any means to intentionally end a pregnancy, unless the goal is to deliver a live baby and keep it healthy, or to remove a fetus that has already died. An "attempt" means taking any significant step toward performing an abortion. (SEC. 3.) These definitions are important because they determine when this law applies. The bill also replaces "Partial-Birth Abortions" with just "Abortions" in existing law, broadening the scope. (SEC. 3.)
Real-World Implications
This bill is likely to significantly impact how healthcare providers approach abortions. The threat of criminal charges and lawsuits could make doctors and hospitals much more cautious, potentially even hesitant to perform certain procedures. This could have a chilling effect, limiting access to abortion care. The mandatory reporting could also create a tense environment in clinics, as healthcare workers are legally required to report on each other. The broad definitions of "abortion" and "attempt" leave room for interpretation, which could lead to legal challenges and uncertainty down the road.