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U.S. Senator Katie Britt, R-Alabama, joined Senator James Lankford, R-Oklahoma, and introduced a bill to the 119th Congress titled the Born-Alive Abortion Survivors Protection Act. This bill is designed to penalize healthcare providers who fail to care for an infant born alive after a failed abortion.
It builds on the Born-Alive Infants Protection Act that Congress passed in 2002, which legally recognizes an infant born alive as a person but lacks enforcement measures.
The new bill would require healthcare providers to offer the same level of care to a born-alive infant as they would to any other newborn. If they fail to do so, they could face fines or up to five years in prison.
“Any baby born into this world, including those who survive an abortion attempt, must receive the medical care they need. The Born-Alive Abortion Survivors Protection Act would protect the most vulnerable babies and combat radical policies that effectively enable infanticide. I will continue to be a voice for the voiceless, fight to defend life, and support mothers and families across our nation,” said Britt.
The bill failed to receive the necessary votes to invoke cloture on Wednesday. After Senate Democrats blocked the bill, Britt spoke about her dedication to the issue on X.
“This isn’t complicated: babies who survive a failed abortion deserve medical care. It’s truly unbelievable that protecting these precious lives is a partisan issue. I’ll never stop fighting for the voiceless,” said Britt.
Alabama passed its version of the bill at the end of the 2021 legislative session, HB237. State Rep. Ginny Shaver, R-Leesburg, sponsored a version of this “born-alive” bill in the two preceding legislative sessions before it reached Gov. Ivey’s desk. In Alabama, violating this law results in a Class A felony.
Supporters argue that the bill is needed to ensure these infants are protected, while opponents say it’s based on a rare and medically improbable scenario. Between 2003 and 2014, the Centers for Disease Control and Prevention recorded 143 instances of an infant being born alive after an attempted termination. Critics also claim it unfairly targets healthcare workers and creates unnecessary fear around late-term abortion, an uncommon procedure.
Data shows that the vast majority of abortions occur early in pregnancy, with only a small percentage happening after 20 weeks. Medical experts also point out that infants born before 22 weeks are unlikely to survive, regardless of medical efforts.
