Born-Alive Abortion Survivors Protection Act

Sponsor: James Lankford (Republican-OK)January 15, 2025

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Introduced

In Committee

Passed One Chamber

Passed Both Chambers

Signed into Law

Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 52 - 47. Record Vote Number: 11. (CR S294-295)

Requires doctors to provide care for infants born alive after abortion attempts.

This bill would set federal rules for health care practitioners to provide care and immediate hospital admission for children born alive after an abortion or attempted abortion. It would create federal crimes for failing to do so, including fines and prison time, but would protect mothers from prosecution. The bill would take effect one day after it becomes law.

What Would Change

Today, federal law does not explicitly require health care practitioners to provide a specific degree of care or immediate hospital admission for a child born alive after an abortion or attempted abortion. This bill would create federal requirements for such care and transport, establish federal criminal penalties (fines and up to 5 years imprisonment) for violations, mandate reporting of these violations, and provide civil remedies for women affected. These changes would take effect one day after the bill becomes law.

Key Provisions

Requires health care practitioners to provide the same care to a child born alive after an abortion or attempted abortion as to any other child born at the same gestational age.
Requires immediate transport and admission of such a child to a hospital.
Requires health care practitioners and clinic employees to report failures to provide this care to law enforcement.
Punishes health care practitioners with fines and up to 5 years in prison for failing to provide required care.
Punishes individuals who intentionally kill a child born alive after an abortion or attempted abortion as they would for intentionally killing a human being.
Protects mothers from being prosecuted under this new law.