STATUTES-BORN ALIVE INFANT
If enacted, SB1638 would modify the current state laws regarding the legal definitions associated with birth and personhood. It specifies that the terms 'person', 'human being', 'child', and 'individual' shall include any infant who is born alive at any stage of development. It further outlines that a 'born alive' definition includes not only the act of birth but also stipulations about breathing, heart activity, and voluntary movement, reinforcing the idea that such newborns are entitled to legal recognition and rights.
SB1638, also known as the Born Alive Infant Protection Act, was introduced to amend the Statute on Statutes in Illinois. The primary aim of this bill is to provide that any live child born as a result of an abortion shall be fully recognized as a human person and entitled to immediate legal protection. This legislative action effectively seeks to redefine the status of a newborn delivered alive after an abortion, thereby granting them protections traditionally afforded to all individuals under the law.
The bill is likely to generate significant debate around interpretations of abortion rights and the legal implications of personhood. Critics may argue that it could conflict with existing federal and state laws regarding abortion and women's health rights. Furthermore, while the bill removes certain interpretative language, it does not explicitly alter existing abortion statutes, raising questions about its actual effectiveness in practice and the potential for legal challenges if enacted. Supporters argue that the bill represents a necessary step to affirm the humanity and rights of infants regardless of the circumstances of their birth.