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Born-Alive Abortion Survivors Protection Act
3/14/2024, 2:02 AM
Summary of Bill S 204
The bill states that any health care provider present at the time of a failed abortion must provide the same level of care to a baby who survives the procedure as they would to any other newborn. This includes providing medical treatment and ensuring that the baby is transported to a hospital for further care if necessary.
Additionally, the bill imposes penalties on health care providers who fail to provide this level of care to a baby who survives an abortion. These penalties include fines and potential imprisonment. Supporters of the Born-Alive Abortion Survivors Protection Act argue that it is necessary to protect the rights and well-being of babies who survive abortion procedures. They believe that all babies, regardless of the circumstances of their birth, deserve to receive appropriate medical care and protection. Opponents of the bill, on the other hand, argue that it is unnecessary and could potentially infringe on a woman's right to choose. They believe that existing laws already protect babies who survive abortion procedures and that this bill is simply a political maneuver to restrict access to abortion. Overall, the Born-Alive Abortion Survivors Protection Act is a controversial piece of legislation that has sparked debate among lawmakers and the public. It remains to be seen whether or not this bill will be passed into law.
Congressional Summary of S 204
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.
