Born-Alive Abortion Survivors Protection Act

In Plain Language

This bill requires doctors and health workers to provide the same level of care to babies born alive after an abortion as they would to any other newborn at that stage of development, and to immediately admit them to a hospital. Doctors and staff who know about failures to do this must report it to law enforcement. Violating these rules or failing to report violations can result in fines and up to five years in prison. The bill does not allow the mother to be prosecuted, but she can sue health care workers who violate its requirements.

Official Congressional Research Service 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.