By establishing the Abortion Survivors Protection Act, the bill amends Hawaii Revised Statutes to clarify definitions of 'abortion' and 'born alive'. It outlines the responsibilities of healthcare professionals and sets penalties for those who fail to comply with the mandates regarding care for infants born alive. The bill includes provisions for both civil and criminal repercussions for negligence or intentional harm to these infants, which signifies a significant shift in the existing legal framework concerning abortion and neonatal care.
House Bill 510 aims to protect the rights and health of infants who survive an abortion attempt by recognizing them as legal persons entitled to life-saving and life-sustaining medical care. The bill mandates that healthcare providers must administer appropriate medical treatments to all born-alive infants, regardless of the circumstances of their birth. This legislation is grounded in the state's asserted interest in safeguarding human life, emphasizing that any infant born alive, even after an attempted abortion, is entitled to the same legal protections as any other child under state law.
Although the legislation purports to protect the lives of infants born alive after abortion procedures, it has sparked considerable debate. Critics argue that the bill may infringe on women's rights to make healthcare decisions regarding their pregnancies and could lead to increased legal liability for healthcare providers. Additionally, it raises ethical concerns regarding parental rights, particularly if a parent does not wish to maintain custody of an infant born alive under such circumstances. The bill seeks to balance the responsibility of medical professionals while attempting to ensure that standards of care are upheld, but it also invites scrutiny regarding its implications for abortion rights and medical ethics.