The bill specifically amends the Hawaii Revised Statutes to mandate that healthcare providers must administer life-saving and sustaining medical care to any newborn infant, regardless of the circumstances of their birth. Failure to comply with these requirements can result in criminal penalties, including charges of manslaughter or even murder for healthcare professionals who intentionally or recklessly cause the death of an infant born alive. Additionally, civil penalties may be imposed, allowing families to seek damages for violations.
SB842, known as the Abortion Survivors Protection Act, seeks to protect infants who are born alive following an attempted abortion. The legislation establishes that any infant who survives an abortion is to be considered a legal person, ensuring they receive the same rights as other living individuals under both federal and state laws. The bill outlines the responsibilities of healthcare providers to deliver necessary medical care to these infants, preventing neglect or denial of care that could lead to their death.
Notably, the bill has been a point of contention. Supporters argue that it seeks to protect vulnerable infants who are deserving of care, emphasizing the importance of treating these newborns as persons. Critics, however, raise concerns about how this legislation could impact the ability of women to access safe abortions and the autonomy of healthcare providers in making medical decisions. The law explicitly states that it does not interfere with a woman's right to choose an abortion or place limitations on the performance of such procedures under existing law, yet it raises ethical and practical questions regarding maternal consent and the responsibilities of medical staff in complicated cases.