Us Congress 2023-2024 Regular Session

Us Congress Senate Bill SB204

Introduced
2/1/23  

Caption

Born-Alive Abortion Survivors Protection Act

Impact

If enacted, SB204 would significantly alter how laws surrounding abortion and child care are applied, particularly regarding cases where an abortion results in a live birth. The bill affirms that a child born alive in such instances is to be considered a legal person entitled to the protections under U.S. law, which may establish new precedents in both legal and medical settings. This could lead to heightened legal scrutiny over the practices surrounding abortions and their aftermath, placing additional responsibilities on healthcare providers.

Summary

SB204, known as the Born-Alive Abortion Survivors Protection Act, proposes an amendment to Title 18 of the United States Code. The bill requires that any health care practitioner present at the time a child is born alive following an abortion must provide the same degree of care they would offer any newborn. This includes the requirement to promptly admit the child to a hospital. The legislation stipulates that any failure to comply will result in civil and criminal penalties, thereby creating a legal obligation for medical practitioners to adhere to stringent care standards in such scenarios.

Contention

Notably, SB204 is likely to incite considerable debate among lawmakers and medical professionals. Supporters argue that it reinforces the rights of infants born alive, ensuring that they receive immediate medical care equivalent to that of any other newborn. Critics, however, may view the legislation as an infringement on reproductive rights, raising concerns about its implications for women's access to abortion and the potential for increased legal liability for medical professionals involved in abortion procedures.

Companion Bills

US HB26

Related Born-Alive Abortion Survivors Protection Act This bill establishes requirements for the degree of care a health care practitioner must provide in the case of a child born alive following an abortion or attempted abortion. Specifically, a health care practitioner who is present must (1) exercise the same degree of care as would reasonably be provided to any other child born alive at the same gestational age, and (2) ensure the child is immediately admitted to a hospital. Additionally, a health care practitioner or other employee who has knowledge of a failure to comply with the degree-of-care requirements must immediately report such failure to law enforcement. A health care practitioner who fails to provide the required degree of care, or a health care practitioner or other employee who fails to report such failure, is subject to criminal penalties—a fine, up to five years in prison, or both. An individual who intentionally kills or attempts to kill a child born alive is subject to prosecution for murder. The bill bars the criminal prosecution of a mother of a child born alive under this bill and allows her to bring a civil action against a health care practitioner or other employee for violations.

Similar Bills

No similar bills found.