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(s) Date introduced Sponsor(s) # of cosponsors Latest status 114th Congress Born-Alive Abortion Survivors Protection Act September 15, 2015 Rep. Trent Franks (R-AZ) 98 Referred to the House Judiciary Committee Passed the House of Representatives (248–177–1)Roll Call 506 | Bill Number: H. R. 3504 September 22, 2015 Sen. Ben Sasse (R-NE) 38 Referred to the Senate Judiciary Committee 115th Congress Born-Alive Abortion Survivors Protection Act January 3, 2017 Rep. Trent Franks (R-AZ) 90 Referred to the House Judiciary Committee January 24, 2017 Sen. Ben Sasse (R-NE) 36 Referred to the Senate Judiciary Committee 116th Congress Born-Alive Abortion Survivors Protection Act February 5, 2019 Rep. Ann Wagner (R-MO) 193 Referred to the House Judiciary Committee January 15, 2019 Sen. Ben Sasse (R-NE) 49 Referred to the Senate Judiciary Committee 117th Congress Born-Alive Abortion Survivors Protection Act March 22, 2021 Rep. Ann Wagner (R-MO) 208 Referred to the House Judiciary Committee January 28, 2021 Sen. Ben Sasse (R-NE) 45 Referred to the Senate Judiciary Committee 118th Congress Born-Alive Abortion Survivors Protection Act January 11, 2023 Rep. Ann Wagner (R-MO) 166 Referred to the House Judiciary Committee Passed the House of Representatives (220–210–1)Roll Call 29 | Bill Number: H. R. 26 February 1, 2023 Sen. John Thune (R-SD) 43 Referred to the Senate Judiciary Committee 119th Congress Born-Alive Abortion Survivors Protection Act January 3, 2025 Rep. Ann Wagner (R-MO) 163 Referred to the House Judiciary Committee Passed the House of Representatives (217–204–1)Roll Call 27 | Bill Number: H. R. 21 September 22, 2025 Sen. James Lankford (R-OK) 46 Referred to the Senate Judiciary Committee
See also Born alive laws in the United States
References