This bill requires that infants born alive after attempted abortions receive the same medical care as any other newborn. Healthcare providers who fail to provide care or report violations face criminal penalties including up to 5 years in prison.
Latest Action
Received in the Senate and Read twice and referred to the Committee on the Judiciary.
AI Summary
Plain-English explanation of this bill
This bill requires that infants born alive after attempted abortions receive the same medical care as any other newborn. Healthcare providers who fail to provide care or report violations face criminal penalties including up to 5 years in prison.
Last updated: 1/5/2026
Official Summary
Congressional Research Service summary
<p><b>Born-Alive Abortion Survivors Protection Act</b> </p> <p>This bill establishes requirements for the degree of care a health care practitioner must provide in the case of a child born alive following an abortion or attempted abortion.</p> <p> Specifically, a health care practitioner who is present must (1) exercise the same degree of care as would reasonably be provided to any other child born alive at the same gestational age, and (2) ensure the child is immediately admitted to a hospital. Additionally, a health care practitioner or other employee who has knowledge of a failure to comply with the degree-of-care requirements must immediately report such failure to law enforcement.</p> <p>A health care practitioner who fails to provide the required degree of care, or a health care practitioner or other employee who fails to report such failure, is subject to criminal penalties—a fine, up to five years in prison, or both. </p> <p> An individual who intentionally kills or attempts to kill a child born alive is subject to prosecution for murder.</p> <p>The bill bars the criminal prosecution of a mother of a child born alive under this bill and allows her to bring a civil action against a health care practitioner or other employee for violations. </p>
Key Points
Main provisions of the bill
Requires care for infants born after attempted abortion
Mandates same treatment as other newborns at gestational age
Requires immediate hospital admission
Failure to provide care is punishable by prison
Mothers cannot be prosecuted under this bill
How This Impacts Americans
Potential effects on citizens and communities
Healthcare providers would face federal criminal penalties for failing to provide medical care to infants who survive abortion procedures. Supporters say it protects vulnerable newborns while opponents argue existing laws already require such care.