Born-Alive Abortion Survivors Protection Act
This bill requires health care workers to provide the same level of medical care to an infant born alive following an abortion as they would to any newborn of the same gestational age, followed by immediate hospital transfer. Clinic and hospital staff must report any failure to provide this care to law enforcement, and violators face federal fines, up to five years in prison, or federal murder charges for intentional harm. The measure explicitly exempts the mother from criminal prosecution and permits her to sue medical providers for monetary damages if they violate these care requirements.
What this bill touches.
Who it helps · who it burdens.
Who it helps
- Infants born alive after an abortionEntitled to the same degree of professional medical care and diligence to preserve their life and health as any other newborn at the same gestational age, as well as immediate transport and admission to a hospital (Sec. 3(a)(1532)(a)(1)).
- Mothers of infants born alive after an abortionGranted immunity from criminal prosecution under the act and authorized to bring civil lawsuits against violators for actual damages, punitive damages, triple statutory damages, and attorney fees (Sec. 3(a)(1532)(c), (d)(1)-(3)).
Who it burdens
- Health care practitioners and clinic employeesRequired to provide life-preserving medical care to infants born alive during abortions, ensure immediate hospital transfer, and report known non-compliance to law enforcement, facing up to 5 years in prison, criminal fines, and civil liability for failures (Sec. 3(a)(1532)(a)(1)-(2), (b)(1), (d)(1)-(2)).
The provisions, in plain language.
Show all 7 provisions
Requires health care practitioners present during an abortion that results in a live birth to provide the same medical care as they would for any other newborn at the same gestational age, and immediately admit the child to a hospital.
Imposes criminal fines, up to 5 years in prison, or both, on health care personnel who fail to provide the required medical care or fail to report violations.
Subject individuals who intentionally kill or attempt to kill a child born alive after an abortion to federal penalties for murder or attempted murder.
Prohibits the mother of a child born alive from being criminally prosecuted for violations of these requirements or related conspiracy offenses.
Authorizes the mother to file a civil lawsuit against violators to recover actual damages, punitive damages, and statutory damages equal to three times the cost of the abortion.
Requires health care workers and facility employees who know of a failure to provide required care to immediately report the violation to state or federal law enforcement.
Awards attorney's fees to a prevailing plaintiff in a civil suit, or to a prevailing defendant if the court finds the lawsuit was frivolous.
Requires health care practitioners present during an abortion that results in a live birth to provide the same medical care as they would for any other newborn at the same gestational age, and immediately admit the child to a hospital.
Imposes criminal fines, up to 5 years in prison, or both, on health care personnel who fail to provide the required medical care or fail to report violations.
Subject individuals who intentionally kill or attempt to kill a child born alive after an abortion to federal penalties for murder or attempted murder.
Prohibits the mother of a child born alive from being criminally prosecuted for violations of these requirements or related conspiracy offenses.
Authorizes the mother to file a civil lawsuit against violators to recover actual damages, punitive damages, and statutory damages equal to three times the cost of the abortion.
How your members of Congress line up
How members voted on Born-Alive Abortion Survivors Protection Act.
Recorded roll calls on this bill, most recent first. Open one to see each member's position.
How it moved.
Show all 14 actions
- Received in the Senate and Read twice and referred to the Committee on the Judiciary.
- Motion to reconsider laid on the table Agreed to without objection.
- On passage Passed by the Yeas and Nays: 217 - 204, 1 Present (Roll no. 27). (text: CR H335-336)
- Passed/agreed to in House: On passage Passed by the Yeas and Nays: 217 - 204, 1 Present (Roll no. 27). (text: CR H335-336)
- On motion to recommit Failed by the Yeas and Nays: 205 - 216 (Roll no. 26).
- Considered as unfinished business. (consideration: CR H347-348)
- POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 21, the Chair put the question on the motion to recommit and by voice vote, announced that the noes had prevailed. Ms. Chu demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
- The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
- Ms. Chu moved to recommit to the Committee on the Judiciary. (text: CR H344-345)
- The previous question was ordered pursuant to the rule.
- DEBATE - The House proceeded with one hour of debate on H.R. 21.
- Considered under the provisions of rule H. Res. 5. (consideration: CR H335-345)
- Referred to the House Committee on the Judiciary.
- Introduced in House
- Received in the Senate and Read twice and referred to the Committee on the Judiciary.
- Motion to reconsider laid on the table Agreed to without objection.
- On passage Passed by the Yeas and Nays: 217 - 204, 1 Present (Roll no. 27). (text: CR H335-336)
- Passed/agreed to in House: On passage Passed by the Yeas and Nays: 217 - 204, 1 Present (Roll no. 27). (text: CR H335-336)
- On motion to recommit Failed by the Yeas and Nays: 205 - 216 (Roll no. 26).
- Introduced in House
Read it for yourself.
Sources & provenance
Cite this page
Civic Herald. “Born-Alive Abortion Survivors Protection Act (H.R. 21, 119th Congress).” https://civicherald.app/bills/119-hr-21. Congress.gov record as of Aug 10, 2026.