Born-Alive Abortion Survivors Protection Act
The Born-Alive Abortion Survivors Protection Act would amend federal law to require health care practitioners present at the birth of a child following an abortion or attempted abortion to provide the same standard of care as they would to any other child born alive at the same gestational age, and to immediately admit the child to a hospital. It creates mandatory reporting requirements for violations, establishes penalties (up to 5 years in prison, fines, or both), and provides civil remedies for the woman on whom the abortion was performed if the child was born alive and a violation occurred. The bill defines “abortion” and “attempt” for purposes of this statute, clarifies what constitutes a “born-alive” infant as used in the Born-Alive Infants Protection Act, and makes related clerical and chapter-heading amendments to Title 18. In short, it federalizes a duty of care toward infants born alive after an abortion and heightens potential criminal and civil consequences for violations.
Key Points
- 1Requirements for health care practitioners: If an abortion or attempted abortion results in a child born alive, the practitioner must provide the same degree of professional skill and care as for any other child born alive at that gestational age and must immediately transport and admit the child to a hospital.
- 2Mandatory reporting: Any health care practitioner or hospital/clinic employee who knows of a failure to comply must report the violation to appropriate law enforcement (state or federal, or both).
- 3Penalties: Violations can lead to fines, imprisonment of up to 5 years, or both. Intentional killing of a child born alive could be punished under the federal homicide statute (18 U.S.C. § 1111).
- 4Civil remedies for the mother: A civil action may be brought by the woman on whom the abortion was performed or attempted, seeking relief including compensatory damages, statutory damages equal to three times the abortion cost, and punitive damages; attorney’s fees may be awarded to prevailing plaintiffs.
- 5Prosecution bar and definitions: The mother cannot be prosecuted under this section for conspiracy or related offenses based on the same violation. The bill defines “abortion” and “attempt” and relies on the Born-Alive Infants Protection Act to define a child born alive.
- 6Clerical and chapter changes: Inserts a new Sec. 1532 into Title 18, changes the chapter heading from “Partial-Birth Abortions” to “Abortions,” and updates the table of sections accordingly.