Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 52 - 47. Reco
Introduced:Jan 15, 2025
Primary Sponsor
James Lankford
R - OK
Cosponsors
47
Quick Stats
Policy Area
Crime and Law Enforcement
Summary
This bill requires health care practitioners present when a child is born alive after an attempted abortion to provide the same care as for any other child of that gestational age and immediately transport to a hospital. Failure to provide care is a federal crime, while intentionally killing such a child is prosecutable as murder.
Latest Action
Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 52 - 47. Record Vote Number: 11. (CR S294-295)
AI Summary
Plain-English explanation of this bill
This bill requires health care practitioners present when a child is born alive after an attempted abortion to provide the same care as for any other child of that gestational age and immediately transport to a hospital. Failure to provide care is a federal crime, while intentionally killing such a child is prosecutable as murder.
Last updated: 1/6/2026
Official Summary
Congressional Research Service summary
<p><strong>Born-Alive Abortion Survivors Protection Act</strong></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 same standard of care for abortion survivors as other infants
Mandates immediate hospital admission for born-alive infants
Creates criminal penalties for failure to provide care
Prosecutes intentional killing as murder
Protects mothers from prosecution under this bill
How This Impacts Americans
Potential effects on citizens and communities
Health care workers would face criminal penalties for not providing care to infants born alive after attempted abortions. Mothers are protected from prosecution and may sue for violations. The bill establishes federal standards for care in these rare situations.