S. 6 · On the floor · Crime and Law Enforcement

Born-Alive Abortion Survivors Protection Act

Sponsor: James Lankford (R-OK)

What it does

• Requires a health care practitioner present at the birth of a child born alive following abortion to exercise the same degree of care as would be provided to any other child born at the same gestational age.
• Mandates that the child born alive be immediately admitted to a hospital.
• Requires a health care practitioner or employee who knows of a failure to comply with care requirements to immediately report such failure to law enforcement.
• Imposes criminal penalties of a fine, up to five years in prison, or both for failure to provide required care or to report such failure.
• Protects the mother from criminal prosecution under this bill and grants her the right to bring a civil action against practitioners or employees for violations.

Official summary

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…

Latest action

Jan 22, 2025: Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 52 - 47. Record Vote Number: 11. (CR S294-295)