Born-Alive Abortion Survivors Protection Act
Sponsored by Ann Wagner
Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Jan 24, 2025
The bill requires health care practitioners present at the birth of a child born alive following an abortion or attempted abortion to provide the same degree of care as would be given to any other child born alive at the same gestational age, and to ensure the child is immediately admitted to a hospital. It requires health care practitioners and other employees who know of a failure to comply with these care requirements to immediately report the failure to law enforcement. Violations of the care requirement or failure to report are subject to criminal penalties including fines and up to five years in prison. Intentionally killing or attempting to kill a child born alive constitutes murder. The bill exempts the mother from criminal prosecution under the bill's provisions but allows her to bring a civil action against health care practitioners or employees for violations.
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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 (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.