Jan 20, 2023
Recently the 118th U.S. House of Representatives passed a bill which mandates life-saving measures for babies that are born alive after an abortion.
The House passed 220-210 HR 26, known as the “Born-Alive Abortion Survivors Protection Act,” sponsored by Rep. Ann Wagner (R-MO). All Republican members voted in favor of the bill. Two Democrats, Reps. Henry Cuellar and Vicente Gonzalez, both of South Texas, also voted in favor of the bill and “present,” respectively.
The bill, which now waits to be brought before the U.S. Senate, would require abortion facilities and medical providers to treat babies born alive after a failed abortion with the same level of care as they would any other newborn. If an abortion results in the live birth of an infant, the child is considered a legal person for all purposes under the laws of the United States and is entitled to all the protections of such laws.
The bill states, “Any health care practitioner present at the time the child is born alive shall (A) exercise the same degree of professional skill, care, and diligence to preserve the life and health of the child as a reasonably diligent and conscientious health care practitioner would render to any other child born alive at the same gestational age; and (B) following the exercise of skill, care, and diligence required under subparagraph (A), ensure that the child born alive is immediately transported and admitted to a hospital.”
HR 26 also adds penalties for medical providers that do not comply, and they could be subject to civil liability and criminal charges. For example, the bill specifies that “to prohibit a health care practitioner from failing to exercise the proper degree of care in the case of a child who survives an abortion or attempted abortion shall be fined under this title or imprisoned for not more than 5 years, or both.”
Liberty Counsel Founder and Chairman Mat Staver said, “This is the first year since 1973 that America is not living under the deadly shadow of Roe v. Wade. We must never stop fighting for the preborn and newborn and we must restore a culture of life in this nation. We must make the womb a safe place once again in America.”
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