Born-Alive Abortion Survivors Protection Act
This bill requires healthcare providers to give the same standard of medical care to an infant born alive after an abortion as they would to any other baby born at that stage of pregnancy, followed by immediate transfer to a hospital. Medical workers who fail to provide this care, or fail to report violations to law enforcement, face fines and up to five years in prison, while intentional acts to kill the infant are prosecuted under federal murder laws. The bill explicitly protects the mother from criminal prosecution and allows her to sue healthcare 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 abortion or attempted abortionEntitled to the same standard of medical care as any other newborn of the same gestational age to preserve life and health, as well as immediate transport and admission to a hospital (Sec. 3(a)).
- Mothers of infants born alive after an abortionGranted immunity from criminal prosecution under these provisions and given the right to sue non-compliant practitioners for physical and psychological damages, three times the cost of the abortion, punitive damages, and attorney's fees (Sec. 3(a)).
Who it burdens
- Healthcare practitioners and medical facility staffMust provide standard professional care and immediate hospital transport to infants born alive, and facility staff must report violations to law enforcement; failure to comply carries criminal fines, up to 5 years in prison, and civil liability (Sec. 3(a)).
The provisions, in plain language.
Requires healthcare providers present at a live birth following an abortion or attempted abortion to exercise the same standard of medical care as for any other newborn of the same gestational age and immediately transport the infant to a hospital.
Requires healthcare workers and facility employees to immediately report any failure to provide required care to state or federal law enforcement.
Imposes criminal penalties of a fine, up to five years in prison, or both, on healthcare workers who fail to provide required medical care or fail to report violations.
Subjects anyone who intentionally kills or attempts to kill an infant born alive after an abortion to federal homicide penalties.
Prohibits the criminal prosecution of the mother of an infant born alive for any violations, attempts, or conspiracies under these rules.
Authorizes the mother to file a civil lawsuit against any person who violates the medical care or reporting rules to recover damages for injuries, three times the cost of the abortion, punitive damages, and attorney's fees.