Born-Alive Abortion Survivors Protection Act

Summary

Born-Alive Abortion Survivors Protection Act 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. 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. 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. An individual who intentionally kills or attempts to kill a child born alive is subject to prosecution for murder. 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.

Summary from the Congressional Research Service. How we handle summaries

Where it stands

Passed one of the two chambers; it still needs the other.

House Committee on the Judiciary · U.S. House of Representatives

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Cosponsors

Recorded votes

• Vote: On Motion to Recommit

  U.S. HouseJan 23, 2025Result: Failed

  Voted yes (205)Voted no (216)Voted present (0)Absent (12)

  See member positions for the vote on Jan 23, 2025 (On Motion to Recommit)

• Vote: On Passage

  U.S. HouseJan 23, 2025Result: Passed

  Voted yes (217)Voted no (204)Voted present (1)Absent (11)

  See member positions for the vote on Jan 23, 2025 (On Passage)

Related bills

• S. 6Born-Alive Abortion Survivors Protection ActRelated bill
• H.Res. 5Adopting the Rules of the House of Representatives for the One Hundred Nineteenth Congress, and for other purposes.Related bill

As identified by Congress.gov.

Full history

1. Jan 24, 2025

   In committee

   Received in the Senate and Read twice and referred to the Committee on the Judiciary.

   U.S. House

2. Jan 24, 2025

   Sent to the executive

   Received in the Senate and Read twice and referred to the Committee on the Judiciary.

   U.S. Senate

3. Jan 23, 2025

   Debate - the House Proceeded With One Hour of Debate on H.R. 21.

   DEBATE - The House proceeded with one hour of debate on H.R. 21.

   U.S. House of Representatives

4. Jan 23, 2025

   Passed a chamber

   Motion to reconsider laid on the table Agreed to without objection.

5. Jan 23, 2025

   Passed a chamber

   Motion to reconsider laid on the table Agreed to without objection.

Read the record

• Read on Congress.gov (opens in a new tab) The official record on Congress.gov.