Requirements for children born alive following abortion or attempted abortion and providing a penalty.
The legislation introduces criminal penalties for health care providers who fail to comply with these requirements, classifying such violations as felonies, with penalties up to six years in prison and fines not exceeding $10,000. Importantly, the bill stipulates that the mother of the child born alive cannot be prosecuted under these provisions. Additionally, women affected by non-compliance may pursue civil claims for damages, which include emotional distress in addition to medical costs.
Assembly Bill 63 (AB63) establishes specific requirements for health care providers in the event of a child born alive after an abortion or attempted abortion. The bill outlines that any health care provider attending such an event must exercise the highest degree of professional skill, care, and diligence in preserving the life and health of the child, comparable to that which would be rendered to other children at the same gestational age. It mandates immediate transportation and admission of the child to a hospital if born alive.
As AB63 progresses through the legislative process, it raises critical questions about the balance between protecting life and ensuring safe medical practices regarding reproductive health. The implications of the bill extend beyond legal obligations, emphasizing ongoing societal disputes about the rights of unborn children and the autonomy of women in medical decisions surrounding abortion.
AB63 has provoked significant debate and dissent among legislators and advocacy groups. Supporters argue that it is necessary to ensure the humane treatment of infants who survive abortion attempts, framing it as an essential legal protection for vulnerable lives. In contrast, opponents contend that the legislation imposes undue burdens on health care providers and intrudes into sensitive medical decisions, potentially complicating abortion practices and healthcare access.