Born-Alive Abortion Survivors Protection Act

The Born-Alive Abortion Survivors Protection Act is a proposed United States law that would penalize health-care practitioners who fail to provide care for an infant that is born-alive from an abortion attempt. It was introduced in the,, and Congresses.

Background

Abortion is a contentious political issue in the United States. The abortion-rights movement, 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 has claimed that viable infants have been left to die following failed abortion procedures. On August 5, 2002, President George W. Bush signed into law the Born-Alive Infants Protection Act, 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, the anti-abortion movement has called for federal legislation restricting abortion. Dobbs has been blamed for Republican underperformance in the 2022 mid-term 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 from an abortion attempt be given the same amount of care as any other infant born at same gestational age, such as in a pre-term birth. Failure for a health-care 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 judgement.

Legislative history

As of January 28, 2025

Congress	Short title	Bill number	Date introduced	Sponsor	# of cosponsors	Latest status
114th Congress	Born-Alive Abortion Survivors Protection Act		September 15, 2015	Rep. Trent Franks	98	Referred to the House Judiciary Committee Passed the House of Representatives
114th Congress	Born-Alive Abortion Survivors Protection Act		September 22, 2015	Sen. Ben Sasse	38	Referred to the Senate Judiciary Committee
115th Congress	Born-Alive Abortion Survivors Protection Act		January 3, 2017	Rep. Trent Franks	90	Referred to the House Judiciary Committee
115th Congress	Born-Alive Abortion Survivors Protection Act		January 24, 2017	Sen. Ben Sasse	36	Referred to the Senate Judiciary Committee
116th Congress	Born-Alive Abortion Survivors Protection Act		February 5, 2019	Rep. Ann Wagner	193	Referred to the House Judiciary Committee
116th Congress	Born-Alive Abortion Survivors Protection Act		January 15, 2019	Sen. Ben Sasse	49	Referred to the Senate Judiciary Committee
117th Congress	Born-Alive Abortion Survivors Protection Act		March 22, 2021	Rep. Ann Wagner	208	Referred to the House Judiciary Committee
117th Congress	Born-Alive Abortion Survivors Protection Act		January 28, 2021	Sen. Ben Sasse	45	Referred to the Senate Judiciary Committee
118th Congress	Born-Alive Abortion Survivors Protection Act		January 11, 2023	Rep. Ann Wagner	166	Referred to the House Judiciary Committee Passed the House of Representatives
118th Congress	Born-Alive Abortion Survivors Protection Act		February 1, 2023	Sen. John Thune	43	Referred to the Senate Judiciary Committee
119th Congress	Born-Alive Abortion Survivors Protection Act		January 3, 2025	Rep. Ann Wagner	163	Referred to the House Judiciary Committee Passed the House of Representatives
119th Congress	Born-Alive Abortion Survivors Protection Act		September 22, 2025	Sen. James Lankford	46	Referred to the Senate Judiciary Committee