Jump to content

Born-Alive Abortion Survivors Protection Act

From Wikipedia, the free encyclopedia

The Born-Alive Abortion Survivors Protection Act is a proposed United States law that would penalize healthcare practitioners who fail to provide care for an infant that is born-alive from an abortion attempt.[1] It was introduced in the 114th, 115th, 116th, 117th, and 118th Congresses.

Born-Alive Abortion Survivors Protection Act
Great Seal of the United States
Long titleTo amend title 18, United States Code, to prohibit a health care practitioner from failing to exercise the proper degree of care in the case of a child who survives an abortion or attempted abortion.
Announced inthe 118th United States Congress
Number of co-sponsors166
Legislative history

Background

[edit]

Abortion is a contentious political issue in the United States. The abortion-rights movement which argues that a woman's right to privacy and bodily autonomy extends to the right to an abortion, is predominantly upheld by the Democratic Party. The anti-abortion movement, which argues that an embryo or fetus has rights that must be protected by law, is largely upheld by the Republican Party.

The anti-abortion movement has claimed that viable infants have been left to die following failed abortion procedures. On August 5, 2002, President George W. Bush signed into law the Born-Alive Infants Protection Act, which established that every infant who survives an abortion procedure is considered a person under federal law.[2] However, this law did not establish explicit criminal penalties for failing to treat such infants, and the Born-Alive Abortion Survivors Protection Act has been introduced in every Congress since the 114th in attempts to remedy it.[needs update]

Following the reversal of federal abortion rights in Dobbs v. Jackson Women's Health Organization, the anti-abortion movement has called for federal legislation restricting abortion.[3] Dobbs has been blamed for Republican underperformance in the 2022 midterm elections, so the advancement of such legislation is considered to be politically risky for the Republican Party.[4][5]

Provisions

[edit]

The bill requires that any infant born from an abortion attempt be given the same amount of care as any other infant born at same gestational age, such as in a preterm birth. Failure for a healthcare practitioner to do can be penalized with up to five years imprisonment under the bill. Violations of the law are required to be reported to a hospital or law enforcement. The bill also authorizes a right to civil action to the mother of which an infant had been neglected care.[1]

Opponents of the bill have called its provisions unnecessary and misleading, with the criminal penalties having the potential to deter a doctor's best judgment.[6]

Legislative history

[edit]

As of March 21, 2024

Congress Short title Bill number(s) Date introduced Sponsor(s) # of cosponsors Latest status
114th Congress Born-Alive Abortion Survivors Protection Act H.R. 3504 September 15, 2015 Rep. Trent Franks (R-AZ) 98 Referred to the House Judiciary Committee

Passed the House of Representatives (248-177-1)[7]

S. 2066 September 22, 2015 Sen. Ben Sasse (R-NE) 38 Referred to the Senate Judiciary Committee
115th Congress Born-Alive Abortion Survivors Protection Act H.R. 37 January 3, 2017 Rep. Trent Franks (R-AZ) 90 Referred to the House Judiciary Committee
S. 220 January 24, 2017 Sen. Ben Sasse (R-NE) 36 Referred to the Senate Judiciary Committee
116th Congress Born-Alive Abortion Survivors Protection Act H.R. 962 February 5, 2019 Rep. Ann Wagner (R-MO) 193 Referred to the House Judiciary Committee
S. 130 January 15, 2019 Sen. Ben Sasse (R-NE) 49 Referred to the Senate Judiciary Committee
117th Congress Born-Alive Abortion Survivors Protection Act H.R. 619 March 22, 2021 Rep. Ann Wagner (R-MO) 208 Referred to the House Judiciary Committee
S. 123 January 28, 2021 Sen. Ben Sasse (R-NE) 45 Referred to the Senate Judiciary Committee
118th Congress Born-Alive Abortion Survivors Protection Act H.R. 26 January 11, 2023 Rep. Ann Wagner (R-MO) 166 Referred to the House Judiciary Committee

Passed the House of Representatives (220-210-1)[8]

S. 204 February 1, 2023 Sen. John Thune (R-SD) 43 Referred to the Senate Judiciary Committee

See also

[edit]

References

[edit]
  1. ^ a b "Wagner, Scalise, Cammack Introduce Born Alive Abortion Survivors Protection Act". 2023-01-03. Archived from the original on 2023-01-14.
  2. ^ "President Signs Born-Alive Infants Protection Act". The White House. 2002-08-05. Retrieved 2023-01-14..
  3. ^ Grabenstein, Hannah (2023-01-13). "In a post-Roe U.S., what's next for the anti-abortion movement?". PBS News. Retrieved 2023-01-14.
  4. ^ Radcliffe, Mary (2022-11-17). "Abortion Was Always Going To Impact The Midterms". FiveThirtyEight. Retrieved 2023-01-14.
  5. ^ Foran, Clare; Zanona, Melanie (2023-01-12). "House passes "born alive" abortion bill". CNN Politics. Retrieved 2023-01-14.
  6. ^ Ayers, Jacquelyn (2023-01-11). "FACT CHECK: So-Called "Born Alive" is Another Lie To Stigmatize Abortion". Planned Parenthood. Retrieved 2023-01-14.
  7. ^ Roll Call 506 | Bill Number: H. R. 3504
  8. ^ Roll Call 29 | Bill Number: H. R. 26