S. 6 · 119th Congress · Senate
Born-Alive Abortion Survivors Protection Act
Introduced 2025-01-15 · Sponsored by Sen. Lankford, James [R-OK] (R-OK) · Last updated 2026-03-31
Last action (2025-01-22): Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 52 - 47. Record Vote Number: 11. (CR S294-295)
Summary
Requires doctors to provide the same standard of medical care to any infant born alive after an attempted abortion as they would to any other newborn at the same gestational age, and to immediately transfer the infant to a hospital. Creates criminal penalties for health care workers who fail to comply, and gives the mother a private right of action to sue if the law is violated.
The Good
Establishes explicit standard of care for infants born alive after abortion
Requires health care practitioners to exercise the same degree of professional skill and care for an infant born alive following an abortion attempt as would be offered to any other child born at the same gestational age. Creates a clear legal standard where one did not previously exist at the federal level.
Requires immediate hospital admission
Mandates that any infant born alive be immediately transported to a hospital for care. This ensures that born-alive infants receive institutional medical support rather than being treated solely at the facility where the abortion was performed.
Creates enforcement mechanism with criminal penalties
Establishes criminal penalties for health care practitioners who willfully fail to provide care to born-alive infants. Supporters argue that without enforcement teeth, the existing 2002 Born-Alive Infants Protection Act lacks practical effect.
The Bad
Born-alive infants are already protected by existing federal law
The 2002 Born-Alive Infants Protection Act already recognizes all born-alive infants as legal persons entitled to the same protections as any other person. Critics argue this bill is legally redundant and exists primarily as a political messaging tool rather than a response to an actual gap in the law.
The scenario it addresses is extremely rare
Medical professionals report that live births following abortion attempts are exceedingly uncommon, particularly given modern procedures. The American College of Obstetricians and Gynecologists has stated that the bill addresses a scenario that does not reflect clinical reality and could interfere with end-of-life care decisions for non-viable infants.
Criminal penalties could create a chilling effect on medical care
Threat of prosecution may deter physicians from providing late-term abortions even in medically necessary cases. Doctors treating patients with severe fetal anomalies or life-threatening complications could face legal risk for decisions made under emergency conditions.
Vote Record
Senate, 2025-01-22
Cloture on Motion to Proceed
Passed Congress.gov — Senate Roll Call #11
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