Born-Alive Abortion Survivors Protection Act
- Bill Number
- S. 6
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Crime and Law Enforcement
- Status
- Introduced
- Latest Action
- 2025-01-22: 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)
- Last Updated
- 2026-06-25T12:18:23Z
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 level of medical care as any other newborn. It establishes federal criminal and civil penalties for health care providers who fail to provide this care, while protecting the mother from prosecution.
Key Provisions
- Care Requirements for Health Care Practitioners: If a child is born alive (meaning the complete expulsion or extraction from the mother, with a heartbeat, breathing, or other signs of life), any health care practitioner present must provide the same professional skill, care, and diligence to preserve the child's life and health as they would for any other child at the same stage of development. The child must then be immediately transported to and admitted to a hospital.
- Reporting Violations: Health care practitioners or employees of hospitals, physician offices, or abortion clinics who know of a failure to provide required care must immediately report it to state or federal law enforcement.
- Criminal Penalties:
- General violations (e.g., failing to provide care) can result in a fine, up to 5 years in prison, or both.
- Intentionally killing or attempting to kill the born-alive child is punished as murder under existing federal law (18 U.S.C. § 1111), which includes life imprisonment or the death penalty.
- Protection for Mothers: The woman on whom the abortion was performed cannot be prosecuted for any violation of this law, including attempts, conspiracies, or 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 (extra penalties to punish wrongdoing).
- The court must award reasonable attorney's fees to a winning plaintiff; if the lawsuit is deemed frivolous (without merit), the defendant can recover attorney's fees.
- Definitions:
- Abortion: Use of any instrument, drug, or device to intentionally kill an unborn child or end a known pregnancy, unless it's to produce a live birth after viability (when the fetus can survive outside the womb) while preserving the child's health, or to remove a dead fetus.
- Attempt: A substantial step toward performing an abortion.
- Born Alive: Defined by existing federal law (1 U.S.C. § 8), meaning the infant shows signs of life after complete separation from the mother.
- Effective Date: The law takes effect one day after enactment.
Significant Changes to Existing Law
- Adds a new section (18 U.S.C. § 1531) to Chapter 74 of Title 18 (the federal criminal code on abortions), which previously focused only on partial-birth abortions.
- Expands the chapter's title from "Partial-Birth Abortions" to "Abortions" and updates the table of contents to reflect this broader scope.
- Builds on the existing Born-Alive Infants Protection Act (2002) by adding enforceable requirements, penalties, and reporting obligations specifically for abortion contexts, where none existed federally before.
Potential Impacts
- On Government Agencies: Increases workload for federal and state law enforcement to investigate and prosecute violations; may require hospitals and clinics to update training and reporting protocols.
- On Citizens: Health care providers face new legal risks, potentially leading to more cautious practices during late-term procedures. Women seeking abortions gain civil recourse if care is neglected but are shielded from criminal liability. Families of born-alive infants could benefit from mandated hospital care, though rare cases (estimated at fewer than 1% of abortions) might see more legal actions.
- On International Relations: No direct impact, as the law is domestic and focused on U.S. health care practices.
Main Stakeholders Affected
- Health Care Practitioners: Doctors, nurses, and others performing or assisting in abortions, who must comply with care standards or face penalties.
- Hospitals, Clinics, and Staff: Facilities where abortions occur, required to ensure transport to hospitals and report violations.
- Women Seeking Abortions: Protected from prosecution but empowered to sue for violations affecting their child.
- Born-Alive Infants and Families: Gain explicit legal protections for immediate care.
- Law Enforcement and Courts: Handle new reports, prosecutions, and civil lawsuits.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens federal recognition of born-alive infants as full legal persons under U.S. law, aligning with existing statutes but adding teeth through penalties. Civil remedies could lead to increased litigation in sensitive medical scenarios.
- Constitutional: Reinforces protections for life post-birth without directly challenging abortion rights pre-birth (e.g., under Roe v. Wade precedents, now modified by Dobbs v. Jackson, 2022). It avoids regulating abortions themselves, focusing only on survivors, but could face challenges if seen as indirectly burdening access to abortion services.
- Political: As a bipartisan-supported bill in prior sessions (though introduced by Republicans here), it highlights ongoing debates over fetal rights and abortion regulation. Its passage could signal federal limits on state abortion laws in edge cases, potentially influencing state policies post-Dobbs.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (49)
Sen. Banks, Jim [R-IN], Sen. Thune, John [R-SD], Sen. Hyde-Smith, Cindy [R-MS], Sen. Risch, James E. [R-ID], Sen. Lummis, Cynthia M. [R-WY], Sen. Britt, Katie Boyd [R-AL], Sen. McConnell, Mitch [R-KY], Sen. Wicker, Roger F. [R-MS], Sen. Blackburn, Marsha [R-TN], Sen. Crapo, Mike [R-ID], Sen. Fischer, Deb [R-NE], Sen. Grassley, Chuck [R-IA], Sen. Hoeven, John [R-ND], Sen. Marshall, Roger [R-KS], Sen. Tillis, Thomas [R-NC], Sen. Budd, Ted [R-NC], Sen. Scott, Tim [R-SC], Sen. Johnson, Ron [R-WI], Sen. Sheehy, Tim [R-MT], Sen. Tuberville, Tommy [R-AL], Sen. Hagerty, Bill [R-TN], Sen. Curtis, John R. [R-UT], Sen. Young, Todd [R-IN], Sen. Ricketts, Pete [R-NE], Sen. Cramer, Kevin [R-ND], Sen. Barrasso, John [R-WY], Sen. Kennedy, John [R-LA], Sen. Cornyn, John [R-TX], Sen. Cassidy, Bill [R-LA], Sen. Rounds, Mike [R-SD], Sen. Ernst, Joni [R-IA], Sen. Scott, Rick [R-FL], Sen. Daines, Steve [R-MT], Sen. Mullin, Markwayne [R-OK], Sen. Graham, Lindsey [R-SC], Sen. Cruz, Ted [R-TX], Sen. Schmitt, Eric [R-MO], Sen. Lee, Mike [R-UT], Sen. Sullivan, Dan [R-AK], Sen. Moran, Jerry [R-KS], Sen. Cotton, Tom [R-AR], Sen. Hawley, Josh [R-MO], Sen. McCormick, David [R-PA], Sen. Boozman, John [R-AR], Sen. Moreno, Bernie [R-OH], Sen. Capito, Shelley Moore [R-WV], Sen. Moody, Ashley [R-FL], Sen. Paul, Rand [R-KY], Sen. Justice, James C. [R-WV]
Recent Actions
- 2025-01-22: 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) (Roll call 11)
- 2025-01-22: Motion to proceed to measure considered in Senate. (CR S283)
- 2025-01-21: Motion to proceed to measure considered in Senate. (CR S275-276)
- 2025-01-20: Cloture motion on the motion to proceed to the measure presented in Senate. (CR S258)
- 2025-01-20: Motion to proceed to consideration of measure made in Senate. (CR S258)
- 2025-01-16: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 4.
- 2025-01-15: Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
- 2025-01-15: Introduced in Senate
Bill Versions
- Born-Alive Abortion Survivors Protection Act — issued 2025-01-16 — PDF (8 pages)