Born-Alive Abortion Survivors Protection Act
The Born-Alive Abortion Survivors Protection Act would create a new federal standard of care for infants who are born alive as a result of an abortion or attempted abortion. If a child is born alive, any health care practitioner present must provide the same level of care as would be given to any other live birth at that gestational age and must ensure the child is immediately transported to and admitted to a hospital. The bill also requires mandatory reporting of any violations, establishes criminal penalties (including up to 5 years in prison or a fine, with harsher penalties if the infant is deliberately killed), and opens a path for civil damages to the mother. The act defines terms like “abortion,” “attempt,” and “born alive,” and makes conforming changes to the U.S. Code. It takes effect one day after enactment. Overall, the bill strengthens legal protections for infants who survive abortion by imposing a clear standard of care, reporting obligations, criminal consequences, and civil remedies, while shielding the mother from prosecution.
Key Points
- 1Establishes a new federal provision (Sec. 1532) requiring health care practitioners present at a live birth following an abortion or attempted abortion to provide the same degree of care as for any other live birth and to immediately admit the child to a hospital.
- 2Imposes mandatory reporting: any health care practitioner or hospital/clinic employee who becomes aware of a failure to comply must promptly report it to appropriate state or federal law enforcement agencies (or both).
- 3Criminal penalties: violations can be fined, imprisoned for up to 5 years, or both. If there is an intentional act that kills a child born alive, the offender is punished under the murder provisions of Title 18.
- 4Civil remedies for the mother: a mother may sue for relief, including monetary damages for injuries, statutory damages equal to three times the abortion cost, and punitive damages; attorney’s fees can be awarded to prevailing plaintiffs, with potential fee shifting if the suit is frivolous.
- 5Definitions and conforming amendments: defines “abortion,” “attempt,” and “born alive” (using the BAIPA definition), and makes conforming edits to the U.S. Code’s table of sections and chapter headings to reflect the new scope of “Abortion” rather than “Partial-Birth Abortions.”