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Born-Alive Abortion Survivors Protection Act

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Our Position

The Born-Alive Abortion Survivors Protection Act would require medical care to be given to any child who survived an attempted abortion and that the child be transported and admitted to a hospital. Health care practitioners who violate these requirements would be subject to criminal penalties.

Background Information

At times, an abortion procedure can result with a child being born alive. In these situations, it is currently legal for the medical practitioners performing an abortion to deny medical care to the infant and leave the baby to die, sometimes over the course of hours or days—this abhorrent practice of infanticide must end.

A baby’s right to life and medical care does not change because he or she was born in an abortion clinic instead of a delivery room, and medical practitioners should be legally required to administer medical care to babies no matter where or why they are born.

The Born-Alive Abortion Survivors Protection Act (H.R. 962) is non-controversial legislation. It would require that appropriate medical care be given to any child who survived an attempted abortion and that the child be transported and admitted to a hospital. Health care practitioners who violate these requirements would be subject to criminal penalties.

It would also allow the woman on whom the abortion is performed to obtain “appropriate relief” via a civil action suit. Appropriate relief includes monetary damages for physical/psychological harm, statutory damages, and punitive damages. The mother of the child born alive during an abortion would not be prosecuted.

This bill comes at a time when several states have recently passed or proposed laws to legalize abortion up until birth, which may increase the likelihood of botched abortions where babies are born alive. In an interview with KTOP news, Virginia Governor Ralph Northam even supported a state bill that would allow the killing of an innocent baby after birth if it is what the mother wanted. According to Gov. Northam,

If a mother is in labor, I can tell you exactly what would happen. The infant would be delivered. The infant would be kept comfortable. The infant would be resuscitated if that’s what the mother and the family desired. And then a discussion would ensue between the physicians and the mother.


Radical-leftists’ opposition to this non-controversial legislation shows with what little regard they have for the sanctity of life. Conservatives have the opportunity to stand up and protect the lives of innocent babies born alive after a botched abortion.

The legislative path forward: Speaker Pelosi controls the voting schedule on the House floor and she has no intention of scheduling a vote for the Born-Alive Abortion Survivors Protection Act. Heritage Action is building a bipartisan coalition of 218 members to sign a “discharge petition,” which would bypass the Speaker and force a vote. Please urge your representative to sign the discharge petition.

Key Talking Points

  • A baby’s right to life does not change because he or she was born during an abortion. A fundamental American principle is equal treatment under the law. All babies have a right to life.

  • The Born-Alive Abortion Survivors Protection Act addresses a real and current problem. There are newborn babies who are currently being denied life saving medical care, resulting in their death—this is infanticide.

  • A legislative fix is necessary. Medical practitioners should be legally required to provide medical care to a child born during an abortion and ensure that the baby is admitted to a hospital for further care.

  • Americans overwhelmingly support this legislation. 77 percent of voters support legislation to ensure that a baby who survives a failed abortion be given the same medical treatment as any other baby born prematurely at the same age.

  • Support for this legislation should be common-sense and bipartisan. Regardless of party affiliation, every member of Congress should stand in defense of life and liberty and against infanticide.

  • Liberals cannot hide behind ‘abortion-rights.’ This legislation defends the sanctity of life by protecting newborn children outside the womb but does not restrict a woman’s access to abortion services. Opposition to the Born-Alive Abortion Survivors Protection Act is completely indefensible.

  • The proposed legislation would not prosecute the mother of a child born alive during an abortion. The bill creates criminal penalties only for those medical practitioners who refuse care to the child.

Call Notes

If you're calling your congressman:

Hello, my name is [NAME] from [CITY],

I am calling today to ask [Member of Congress] to support The Born-Alive Abortion Survivors Protection Act and stand prepared to sign a discharge petition to bring it to the House floor for a vote.

A baby’s right to life does not change because he or she was born in an abortion clinic instead of a delivery room. It is indefensible that under current law, medical professionals in abortion clinics can stand idly by and watch a newborn child die. Their refusal to administer care is equivalent to infanticide.

The proposed legislation is not radical and would simply require medical practitioners to provide medical care to living babies.

I agree with the 77 percent of voters who support legislation to ensure that a baby who survives a failed abortion should be provided with medical treatment.

Will [member of Congress] stand prepared to sign a discharge petition to bring The Born-Alive Abortion Survivors Protection Act to a vote on the House floor?

Thank you for passing along my message.


If you're calling your senator:

Hello, my name is [NAME] from [CITY],

I am calling today to ask [Senator] to vote “YES” on the Born-Alive Abortion Survivors Protection Act.

A baby’s right to life does not change because he or she was born in an abortion clinic instead of a delivery room. It is indefensible that under current law, medical professionals in abortion clinics can stand idly by and watch a newborn child die. Their refusal to administer care is equivalent to infanticide.

The proposed legislation is not radical and would simply require medical practitioners to provide medical care to living babies.

I agree with the 77 percent of voters who support legislation to ensure that a baby who survives a failed abortion should be provided with medical treatment.

Will [Senator] vote “YES” on the Born-Alive Abortion Survivors Protection Act?

Thank you for passing along my message.

Take Action

Social Posts (remember to insert the social handle of your member)

A baby’s right to life does not change because it was born in an abortion clinic instead of a delivery room. #BornAliveAct

Supporting the Born-Alive Survivors Protection Act is non-partisan and common-sense. You shouldn’t be able to refuse medical care to a baby just because it was born in an abortion clinic. #BornAliveAct

Standing against the #BornAliveAct is standing with infanticide.

.@MEMBER will you support the #BornAliveAct which ensures that babies who are born in abortion clinics receive medical care and a fighting chance at life?

.@SpeakerPelosi won’t schedule a vote on the #BornAliveAct—is she so committed to abortion that she won’t even protect babies once they have left the womb and are born into this world?

.@MEMBER, will you sign a discharge petition to force a vote on the #BornAliveAct?

.@MEMBER, Babies are babies, no matter where or why they are born. Support the Born-Alive Abortion Survivors Protection Act. #BornAliveAct

Sample Letter to the Editor

Below is a sample letter to the editor. We encourage you to adapt and personalize the letter below. Heritage Action Regional Coordinators are always here to help edit your letter and get it published.

Babies are babies, no matter where or why they are born. But currently, babies born during an abortion procedure are being refused medical treatment and left to die, sometimes over hours or days.

We should not have a two-class system where some babies are given medical care and others are left to die.

This should not be a partisan issue. In fact, over 75 percent of Americans think that a baby who survives a failed abortion should be given the same medical treatment as any other baby born prematurely at the same age.

The born-alive bills introduced in the U.S Senate and House require the same medical care that’s given to premature babies be also given to any child who survived an attempted abortion. If passed, this legislation would also establish criminal penalties for health care practitioners who violate this requirement.

A baby’s right to life and medical care does not change because it was born in an abortion clinic instead of a delivery room. Medical practitioners should be legally required to administer medical care to babies no matter where or why they are born.

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