Born-Alive Abortion Survivors Protection Act
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Senate
- Passed House
- To President
- Became Law
Overview
The Born-Alive Abortion Survivors Protection Act amends federal law to require healthcare practitioners to provide the same degree of care to a child born alive after an abortion as they would to any other newborn child, and to immediately admit the child to a hospital. It mandates reporting of any failure to comply with these requirements to law enforcement and establishes criminal penalties for non-compliance, including up to five years in prison. Additionally, the bill protects mothers from criminal prosecution and allows them to pursue civil lawsuits against healthcare providers who violate the provisions.
Key provisions
- Requires healthcare practitioners to provide the same level of care to a child born alive after an abortion as to any other newborn.
- Mandates immediate admission of a born-alive infant to a hospital.
- Requires healthcare practitioners and employees to report violations of care requirements to law enforcement.
- Establishes criminal penalties for failing to provide required care or report violations (up to 5 years in prison).
- Protects mothers from criminal prosecution related to a child born alive under the act.
- Allows civil lawsuits by a woman who underwent an abortion to seek damages for violations.
- Civil remedies include objective monetary damages, statutory damages, and punitive damages.
- The court may award attorney’s fees to prevailing plaintiffs and defendants in civil actions.
Who is affected
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