Stricter penalties when same level of care is not provided to a child born alive after an abortion?
The bill mandates that healthcare practitioners must provide the same level of care to a child born alive after an abortion as they would for any child born at the same gestational age. The child must be immediately admitted to a hospital. Practitioners and employees who fail to provide or report this care face fines, imprisonment (up to five years), or both. Those who intentionally kill or attempt to kill a child born alive can be prosecuted for murder. Mothers are exempt from prosecution and can file civil lawsuits against non-compliant practitioners or employees. Sponsor: Rep. Ann Wagner (Republican, Missouri, District 2)
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How do you feel?
Opponents say
• "The offensively named ‘born-alive’ legislation is another cruel and misguided attempt to interfere with evidence-based medical decision making between patients and their physicians. This bill is not based in science or medicine. It is meant to incite emotions, rather than reflect the reality of evidence-based clinical care. This legislative interference will harm families and hinder the ability of physicians to practice such evidence-based medicine. This reckless bill would impede families from making significant quality-of-life decisions, such as being able to provide comfort or spiritual care in tragic and painful situations. Abortions later in pregnancy are the result of complex decisions, and patients make these health care decisions thoughtfully, carefully, and painstakingly. These incredibly difficult medical decisions should be made by patients in consultation with their physicians and without any external interferences. Instead, this bill takes decision making out of the hands of families in crisis and limits the freedom of our patients to make the decisions that are right for them." Source: Iffath Abbasi Hoskins, MD, president of the American College of Obstetricians and Gynecologists
• "This bill is deliberately misleading and offensive to pregnant people and the doctors and nurses who provide their care. It is yet another attempt by anti-abortion politicians to spread misinformation as a means to their warped political end: to ban safe and legal abortion. Let’s be clear: Doctors are already required to provide appropriate medical care by law. This is not how medical care works. It’s wrong, irresponsible, and dangerous to suggest otherwise." Source: Jacqueline Ayers, the senior vice president of policy, organizing, and campaigns at Planned Parenthood Federation of America
• "H.R. 26 may endanger infants: The bill’s requirement that a health care practitioner ensure the immediate transportation and admission of a newborn infant to a hospital may not always be in the best interests of the infant’s health. In some cases, the nearest hospital may lack the resources, providers, and facilities necessary to ensure proper care for an infant. It may be safer and healthier to care for a medically fragile infant where it was born, rather than transporting it many miles away. "Source: Ranking Member Rep. Jerrold Nadler (Democrat, New York, District 12)
Proponents say
• "All children should have the right to receive lifesaving care, especially those who survive an abortion. The Born-Alive Abortion Survivors Protection Act will provide commonsense protections for innocent children and their mothers and will ensure all babies receive the essential care they need at an incredibly vulnerable moment. It pains me that this fight has to be fought at all, but medical care for babies should not be a partisan issue. Now, with Republicans in the Majority, the House will finally take action and vote to protect the fundamental right to life." Source: Rep. Ann Wagner (Republican, Missouri, District 2)
• "On the first day of the 118th Congress, I am proud that Republicans are following through on the promises that we made to the American people. All life is sacred and must be protected. Congresswoman Wagner’s legislation will give babies born alive during an abortion the necessary, lifesaving medical care that any other baby would receive to give them the best chance at life. It is appalling that for the last four years, Democrats refused to hold a vote on the Born-Alive Abortion Survivors Protection Act. Republicans are committed to defending life and doing everything in our power to keep babies who survive an abortion alive." Source: House Majority Leader Steve Scalise (Republican, Louisiana, District 1)
• "On behalf of the over 2.5 million members of the Faith & Freedom Coalition, I applaud Rep. Ann Wagner for reintroducing the Born-Alive Abortion Survivors Protection Act. This commonsense bill would simply require that a child born alive after an attempted abortion receive appropriate medical treatment and be transferred to a hospital—the same as would be done for any other human being at the same level of development. It is truly a reasonable and ethical approach to how we, as a nation, should expect that any innocent human beings would be treated in a medical setting." Source: Timothy R. Head, Executive Director, Faith & Freedom Coalition