Born-Alive Abortion Survivors Protection Act
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The Born-Alive Abortion Survivors Protection Act is a proposed
United States law The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well a ...
that would penalize healthcare practitioners who fail to provide care for an infant that is born-alive from an abortion attempt. It was introduced in the , and Congresses.


Background

Abortion Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pre ...
is a contentious political issue in the United States. The abortion-rights movement which argues that a woman's right to privacy and bodily autonomy extends to the right to an abortion, is predominantly upheld by the Democratic Party. The anti-abortion movement, which argues that an embryo or fetus has rights that must be protected by law, is largely upheld by the Republican Party. The
anti-abortion movement Anti-abortion movements, also self-styled as pro-life or abolitionist movements, are involved in the abortion debate advocating against the practice of abortion and its legality. Many anti-abortion movements began as countermovements in respon ...
has claimed that viable infants have been left to die following failed abortion procedures. On August 5, 2002, President
George W. Bush George Walker Bush (born July 6, 1946) is an American politician who served as the 43rd president of the United States from 2001 to 2009. A member of the Republican Party, Bush family, and son of the 41st president George H. W. Bush, he ...
signed into law the Born-Alive Infants Protection Act, which established that every infant who survives an abortion procedure is considered a person under federal law. However, this law did not establish explicit criminal penalties for failing to treat such infants, and the ''Born-Alive Abortion Survivors Protection Act'' has been introduced in every Congress since the in attempts to remedy it. Following the reversal of federal abortion rights in '' Dobbs v. Jackson Women's Health Organization'', the anti-abortion movement has called for federal legislation restricting abortion. ''Dobbs'' has been blamed for Republican underperformance in the
2022 midterm elections The 2022 United States elections were held on November 8, 2022, with the exception of absentee balloting. During this U.S. midterm election, which occurred during the first term of incumbent president Joe Biden of the Democratic Party, all 4 ...
, so the advancement of such legislation is considered to be politically risky for the Republican Party.


Provisions

The bill requires that any infant born from an abortion attempt be given the same amount of care as any other infant born at same
gestational age In obstetrics, gestational age is a measure of the age of a pregnancy which is taken from the beginning of the woman's last menstrual period (LMP), or the corresponding age of the gestation as estimated by a more accurate method if available. Su ...
, such as in a
preterm birth Preterm birth, also known as premature birth, is the birth of a baby at fewer than 37 weeks gestational age, as opposed to full-term delivery at approximately 40 weeks. Extreme preterm is less than 28 weeks, very early preterm birth is between 2 ...
. Failure for a healthcare practitioner to do can be penalized with up to five years imprisonment under the bill. Violations of the law are required to be reported to a hospital or law enforcement. The bill also authorizes a right to civil action to the mother of which an infant had been neglected care. Opponents of the bill have called its provisions unnecessary and misleading, with the criminal penalties having the potential to deter a doctor's best judgment.


Legislative history


See also

* Born alive laws in the United States *


References

{{Reflist Proposed legislation of the 118th United States Congress