This bill ensures that infants born alive after an abortion receive the same medical care as any other newborn, mandates reporting of failures to comply, and establishes penalties for violations, while protecting the mother from prosecution. It also allows the woman who had the abortion to file a civil action against anyone who violated the requirements if a child was born alive.
James Lankford
Senator
OK
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 hospital transport 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 is protected from prosecution. The bill also allows the woman on whom the abortion was performed to file a civil action against anyone who violated the requirements if a child was born alive.
New 'Born-Alive' Bill Could Mean Jail Time for Doctors, Raises Abortion Access Concerns
The "Born-Alive Abortion Survivors Protection Act" mandates that any infant born after an attempted abortion be treated as a legal person and given the same medical care as any other newborn of the same gestational age. This includes immediate transport to a hospital. The bill, effective the day after enactment, introduces significant penalties for healthcare providers and sets the stage for potential legal battles.
New Rules, Real Consequences
This law requires healthcare providers present during an abortion where a live birth occurs to provide standard medical care, just as they would for any other baby born at that stage. (SEC. 3) This might sound straightforward, but it introduces a big shift: failure to comply, or even failure to report a colleague's non-compliance, can lead to fines and up to five years in prison. It also opens the door for civil lawsuits against providers, potentially leading to hefty financial penalties, including triple the cost of the abortion procedure and punitive damages. (SEC. 3)
For example, a nurse who believes a doctor didn't provide "adequate" care – a term that isn't crystal clear in the bill – could face a tough choice: report their colleague and potentially face legal backlash, or stay silent and risk jail time. This could create a climate of fear and distrust in hospitals and clinics, making providers hesitant to perform abortions at all, even in cases where the fetus is unlikely to survive.
The bill also specifically protects the mother from prosecution, (SEC. 3) but allows her to sue the healthcare provider for damages. This might seem like a safeguard, but it could put doctors in a defensive position, potentially leading to unnecessary medical interventions to avoid lawsuits, even if those interventions aren't in the best interest of the infant or the mother.
Legal Gray Areas
The bill's definition of "born alive" relies on existing law (section 8 of title 1, United States Code), but the practical application in complex medical situations could be challenging. What constitutes "adequate medical care" in cases of extreme prematurity or severe fetal abnormalities isn't clearly defined, leaving room for differing interpretations and potential legal challenges. This ambiguity could lead to inconsistent application of the law, with some providers facing prosecution or lawsuits while others don't, depending on local interpretations.
This new legislation also shifts the chapter heading in the U.S. Code from "Partial-Birth Abortions" to simply "Abortions," (SEC. 3) potentially signaling a broader focus on restricting abortion access in general. While the bill's stated aim is to protect infants, its practical effect could be to significantly limit access to abortion services by creating a chilling effect on providers, even in cases of inevitable fetal demise.