Born-Alive Abortion Survivors Protection Act

The "Born-Alive Abortion Survivors Protection Act" amends federal law to require health care practitioners to provide specific care to infants who survive an abortion or attempted abortion. It mandates that practitioners exercise the same professional skill, care, and diligence to preserve the life and health of such a child as they would for any other child born alive at the same gestational age. Additionally, the bill requires that these children be immediately transported and admitted to a hospital for further care.

Failure to comply with these requirements can result in significant penalties, including fines or imprisonment for up to five years. If a health care practitioner intentionally performs an overt act that kills a child born alive, they can be punished under federal homicide statutes. The bill also institutes mandatory reporting, requiring any health care practitioner or facility employee with knowledge of a violation to immediately report it to appropriate State or Federal law enforcement agencies.

To ensure accountability, the legislation provides for civil remedies, allowing the woman upon whom the abortion was performed or attempted to bring a civil action against any person who violates these provisions. Such actions can seek various forms of relief, including monetary damages for physical and psychological injuries, statutory damages, and punitive damages. Importantly, the bill explicitly states that the mother of a child born alive cannot be prosecuted under this section for any related violations.