HR21: Born-Alive Abortion Survivors Protection Act

Key facts

What the bill does

Born-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.

Subjects: Abortion, Civil actions and liability, Criminal investigation, prosecution, interrogation, Health personnel, Legal fees and court costs, Medical ethics, Violent crime

Roll-call votes on HR21 (119th Congress)

Every recorded vote on this bill, newest first, with a link to the official tally. Member-by-member positions are on each member’s profile.

Other bills numbered HR21

HR21 in the 118th Congress (2023–2025): Strategic Production Response Act

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