Born-Alive Abortion Survivors Protection Act

Bill Number: H.R. 21
Origin Chamber: House
Congress: 119th Congress, Session 1
Policy Area: Crime and Law Enforcement
Status: Passed House
Latest Action: 2025-01-24: Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Last Updated: 2026-07-11T03:38:22Z

AI-Generated Summary

Purpose

The Born-Alive Abortion Survivors Protection Act aims to ensure that infants who are born alive after an abortion or attempted abortion receive the same medical care and legal protections as any other newborn. It establishes federal requirements for health care providers to act in the best interest of such infants and imposes penalties for failing to do so, emphasizing that these infants are full legal persons under U.S. law.

Key Provisions

Care Requirements for Born-Alive Infants: If an abortion or attempted abortion results in a live birth (defined as showing signs of life like breathing or heartbeat after complete expulsion or extraction), any health care practitioner present must provide the same level of professional skill, care, and diligence to preserve the infant's life and health as they would for any other child born alive at the same stage of pregnancy. The infant must then be immediately transported and admitted to a hospital.
Mandatory Reporting: Health care practitioners or employees at hospitals, physician offices, or abortion clinics who know of a failure to provide this care must immediately report it to state or federal law enforcement.
Criminal Penalties:
Violations of care requirements can result in a fine, up to 5 years in prison, or both.
Intentionally killing or attempting to kill such an infant is punishable as murder under existing federal law (18 U.S.C. § 1111).
Protections for the Mother: The woman on whom the abortion was performed cannot be prosecuted under this law, for conspiracy related to it, or for related offenses.
Civil Remedies: The woman can file a lawsuit against anyone who violated the care requirements, seeking:
Money damages for physical and psychological injuries.
Statutory damages equal to three times the cost of the abortion.
Punitive damages (additional penalties to punish wrongdoing).
Reasonable attorney's fees for a successful plaintiff; if the lawsuit is deemed frivolous, the defendant can recover attorney's fees.
Definitions:
Abortion: Use of any instrument, medicine, drug, or device to intentionally kill an unborn child or terminate a known pregnancy, excluding cases intended to produce a live birth after viability (when the fetus can survive outside the womb) or remove a dead fetus.
Attempt: A substantial step toward performing an abortion.

Significant Changes to Existing Law

Adds a new section (18 U.S.C. § 1531A, renumbered as § 1532) to Chapter 74 of Title 18 of the U.S. Code, which previously focused only on partial-birth abortions.
Updates the chapter heading from "Partial-Birth Abortions" to "Abortions" to broaden its scope.
Builds on the existing Born-Alive Infants Protection Act (1 U.S.C. § 8), which recognizes born-alive infants as legal persons, by adding enforceable care standards, reporting duties, and penalties—elements not previously specified at the federal level for this scenario.

Potential Impacts

On Government Agencies: Law enforcement agencies (state and federal) will handle more reports and investigations of violations, potentially increasing workload for prosecutors and courts. Hospitals and clinics may need to update protocols for compliance and reporting.
On Citizens: Pregnant women gain civil recourse if care is neglected but are shielded from criminal liability. Infants born alive after abortions receive explicit federal protections, potentially improving survival rates in rare cases. Health care providers face new legal risks, which could influence practices in abortion-related settings.
On International Relations: No direct impacts, as this is a domestic law focused on U.S. medical and criminal standards.

Main Stakeholders Affected

Health Care Practitioners and Facilities: Doctors, nurses, hospitals, physician offices, and abortion clinics must comply with care and reporting rules, facing penalties for non-compliance.
Pregnant Women: Protected from prosecution and empowered to seek civil damages if their born-alive infant is neglected.
Born-Alive Infants: Directly benefit from mandated medical care and legal personhood recognition.
Law Enforcement and Courts: Responsible for investigating reports, prosecuting violations, and handling civil lawsuits.
Advocacy Groups: Pro-life organizations may support enforcement, while reproductive rights groups could challenge aspects of the law.

Notable Legal, Constitutional, or Political Implications

Legal Implications: Introduces federal criminal and civil penalties for what it frames as neglect or harm to born-alive infants, potentially leading to more litigation over abortion procedures. The law clarifies that born-alive infants are entitled to equal protection but does not regulate abortions before live birth.
Constitutional Implications: Relies on Congress's authority under the 14th Amendment (to enforce equal protection of the laws) and the Commerce Clause (Article I, Section 8, to regulate activities affecting interstate commerce, such as medical practices). It could face challenges if seen as infringing on states' rights or reproductive privacy, especially post-Dobbs v. Jackson Women's Health Organization (2022), which returned abortion regulation to states—though this bill targets post-birth care.
Political Implications: Reinforces federal oversight in the abortion debate by expanding protections for viable or near-viable infants, signaling a focus on "born-alive" scenarios amid ongoing national divisions over reproductive rights. As a House-passed bill referred to the Senate Judiciary Committee, it highlights partisan tensions, with potential for broader abortion policy reforms.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Wagner, Ann [R-MO-2]

Cosponsors (163)

Rep. Scalise, Steve [R-LA-1], Rep. Cammack, Kat [R-FL-3], Rep. Clyde, Andrew S. [R-GA-9], Rep. Kustoff, David [R-TN-8], Rep. Thompson, Glenn [R-PA-15], Rep. Estes, Ron [R-KS-4], Rep. Houchin, Erin [R-IN-9], Rep. Finstad, Brad [R-MN-1], Rep. Strong, Dale W. [R-AL-5], Rep. Feenstra, Randy [R-IA-4], Rep. Stauber, Pete [R-MN-8], Rep. Bost, Mike [R-IL-12], Rep. Fulcher, Russ [R-ID-1], Rep. Ezell, Mike [R-MS-4], Rep. Crenshaw, Dan [R-TX-2], Rep. Fitzgerald, Scott [R-WI-5], Rep. Aderholt, Robert B. [R-AL-4], Rep. Higgins, Clay [R-LA-3], Rep. Harshbarger, Diana [R-TN-1], Rep. Ogles, Andrew [R-TN-5], Rep. Bergman, Jack [R-MI-1], Rep. Graves, Sam [R-MO-6], Rep. Moolenaar, John R. [R-MI-2], Rep. Miller, Mary E. [R-IL-15], Rep. Walberg, Tim [R-MI-5], Rep. Weber, Randy K. Sr. [R-TX-14], Rep. Balderson, Troy [R-OH-12], Rep. Burlison, Eric [R-MO-7], Rep. Moore, Blake D. [R-UT-1], Rep. Moran, Nathaniel [R-TX-1], Rep. Biggs, Andy [R-AZ-5], Rep. Ellzey, Jake [R-TX-6], Rep. Van Duyne, Beth [R-TX-24], Rep. Guest, Michael [R-MS-3], Rep. LaMalfa, Doug [R-CA-1], Rep. Hudson, Richard [R-NC-9], Rep. Carter, Earl L. "Buddy" [R-GA-1], Rep. Webster, Daniel [R-FL-11], Rep. Green, Mark E. [R-TN-7], Rep. Dunn, Neal P. [R-FL-2], Rep. Langworthy, Nicholas A. [R-NY-23], Rep. Hill, J. French [R-AR-2], Rep. Sessions, Pete [R-TX-17], Rep. Simpson, Michael K. [R-ID-2], Rep. Womack, Steve [R-AR-3], Rep. Bilirakis, Gus M. [R-FL-12], Rep. Issa, Darrell [R-CA-48], Rep. Fong, Vince [R-CA-20], Rep. Grothman, Glenn [R-WI-6], Rep. Hern, Kevin [R-OK-1] and 113 more

Recent Actions

2025-01-24: Received in the Senate and Read twice and referred to the Committee on the Judiciary.
2025-01-23: Motion to reconsider laid on the table Agreed to without objection.
2025-01-23: On passage Passed by the Yeas and Nays: 217 - 204, 1 Present (Roll no. 27). (text: CR H335-336) (Roll call 27)
2025-01-23: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 217 - 204, 1 Present (Roll no. 27). (text: CR H335-336) (Roll call 27)
2025-01-23: On motion to recommit Failed by the Yeas and Nays: 205 - 216 (Roll no. 26). (Roll call 26)
2025-01-23: Considered as unfinished business. (consideration: CR H347-348)
2025-01-23: POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 21, the Chair put the question on the motion to recommit and by voice vote, announced that the noes had prevailed. Ms. Chu demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
2025-01-23: The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
2025-01-23: Ms. Chu moved to recommit to the Committee on the Judiciary. (text: CR H344-345)
2025-01-23: The previous question was ordered pursuant to the rule.
2025-01-23: DEBATE - The House proceeded with one hour of debate on H.R. 21.
2025-01-23: Considered under the provisions of rule H. Res. 5. (consideration: CR H335-345)
2025-01-03: Referred to the House Committee on the Judiciary.
2025-01-03: Introduced in House
2025-01-03: Introduced in House

Bill Versions

Born-Alive Abortion Survivors Protection Act — issued 2025-01-23 — PDF (8 pages)
Born-Alive Abortion Survivors Protection Act — issued 2025-01-03 — PDF (7 pages)
Born-Alive Abortion Survivors Protection Act — issued 2025-01-24 — PDF (7 pages)