What it does
SourcedBorn-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.
Official summary by the Congressional Research Service (Introduced in Senate, Jan 15, 2025).
Our plain-language breakdown, with what it means for you and the case for and against, is written once a bill starts to move.
What has happened
Sourced- Jan 15, 2025Introduced in SenateLibrary of Congress
Recorded votes
Sourced- Jan 22, 2025 · SenateCloture on the Motion to Proceed Rejected 52–47On Cloture on the Motion to Proceed · needed three-fifths
Cosponsors
- Jim Banks R-IN
- John Barrasso R-WY
- Marsha Blackburn R-TN
- John Boozman R-AR
- Katie Boyd Britt R-AL
- Ted Budd R-NC
- Shelley Moore Capito R-WV
- Bill Cassidy R-LA
- John Cornyn R-TX
- Tom Cotton R-AR
- Kevin Cramer R-ND
- Mike Crapo R-ID
Show 38 more cosponsors
- Ted Cruz R-TX
- John R. Curtis R-UT
- Steve Daines R-MT
- Joni Ernst R-IA
- Deb Fischer R-NE
- Sen. Lindsey Graham R-SC
- Darline Graham R-SC
- Chuck Grassley R-IA
- Bill Hagerty R-TN
- Josh Hawley R-MO
- John Hoeven R-ND
- Cindy Hyde-Smith R-MS
- Ron Johnson R-WI
- James C. Justice R-WV
- John Kennedy R-LA
- Mike Lee R-UT
- Cynthia M. Lummis R-WY
- Roger Marshall R-KS
- Mitch McConnell R-KY
- David McCormick R-PA
- Ashley Moody R-FL
- Jerry Moran R-KS
- Bernie Moreno R-OH
- Sen. Markwayne Mullin R-OK
- Rand Paul R-KY
- Pete Ricketts R-NE
- James E. Risch R-ID
- Mike Rounds R-SD
- Eric Schmitt R-MO
- Tim Scott R-SC
- Rick Scott R-FL
- Tim Sheehy R-MT
- Dan Sullivan R-AK
- John Thune R-SD
- Thom Tillis R-NC
- Tommy Tuberville R-AL
- Roger F. Wicker R-MS
- Todd Young R-IN