The Born-Alive Abortion Survivors Protection Act is a proposed

United States law The law of the United States comprises many levels of Codification (law), codified and uncodified forms of law, of which the supreme law is the nation's Constitution of the United States, Constitution, which prescribes the foundation of the ...

that would penalize healthcare practitioners who fail to provide care for an

infant In common terminology, a baby is the very young offspring of adult human beings, while infant (from the Latin word ''infans'', meaning 'baby' or 'child') is a formal or specialised synonym. The terms may also be used to refer to juveniles of ...

that is born-alive from an abortion attempt. It was introduced in the , , and Congresses.

Background

Abortion Abortion is the early termination of a pregnancy by removal or expulsion of an embryo or fetus. Abortions that occur without intervention are known as miscarriages or "spontaneous abortions", and occur in roughly 30–40% of all pregnan ...

is a contentious political issue in the United States. The

abortion-rights movement Abortion-rights movements, also self-styled as pro-choice movements, are movements that advocate for legal access to induced abortion services, including elective abortion. They seek to represent and support women who wish to terminate their pr ...

, 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 Anti-abortion movements, also self-styled as pro-life movements, are involved in the abortion debate advocating against the practice of abortion and its legality. Many anti-abortion movements began as countermovements in response to the leg ...

has claimed that

viable Viability or viable may refer to: Biology, medicine or ecology * Viability selection, the selection of individual organisms who can survive until they are able to reproduce * Fetal viability, the ability of a fetus to survive outside of the uter ...

infants have been left to die following failed abortion procedures. On August 5, 2002, President

George W. Bush George Walker Bush (born July 6, 1946) is an American politician and businessman who was the 43rd president of the United States from 2001 to 2009. A member of the Bush family and the Republican Party (United States), Republican Party, he i ...

signed into law the

Born-Alive Infants Protection Act The Born-Alive Infants Protection Act of 2002 ("BAIPA" , ) is an Act of Congress. It affirms legal protection to an infant born alive after a failed attempt at induced abortion. It was signed by President George W. Bush. Legislative histor ...

, which established that every infant who survives an abortion procedure is considered a person under federal law. 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 in attempts to remedy it. Following the reversal of federal abortion rights in ''

Dobbs v. Jackson Women's Health Organization ''Dobbs v. Jackson Women's Health Organization'', 597 U.S. 215 (2022), is a List of landmark court decisions in the United States, landmark decision of the Supreme Court of the United States, United States Supreme Court in which the court held ...

'', the anti-abortion movement has called for federal legislation restricting abortion. ''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.

Provisions

The bill requires that any infant

born Born may refer to: * Childbirth * Born (surname), a surname (see also for a list of people with the name) * ''Born'' (comics), a comic book limited series Places * Born, Belgium, a village in the German-speaking Community of Belgium * Born, Luxe ...

from an abortion attempt be given the same amount of care as any other infant born at same

gestational age In obstetrics, gestational age is a measure of the age of a pregnancy taken from the beginning of the woman's last menstrual period (LMP), or the corresponding age of the gestation as estimated by a more accurate method, if available. Such metho ...

, such as in a

preterm birth Preterm birth, also known as premature birth, is the Childbirth, birth of a baby at fewer than 37 weeks Gestational age (obstetrics), gestational age, as opposed to full-term delivery at approximately 40 weeks. Extreme preterm is less than 28 ...

. 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. 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.

Legislative history

As of January 28, 2025

References

{{Reflist Proposed legislation of the 118th United States Congress John Thune

Background

Provisions

Legislative history

See also

References