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H.R. 8923 116th Congress House

Protection of Born-Alive Abortion Survivors Act

Official title: To amend title 18, United States Code, to ensure a health care practitioner exercises the proper degree of care in the case of a child who survives an abortion or attempted abortion.

Introduced: December 9, 2020 See on congress.gov
Crime and Law Enforcement AbortionCivil actions and liabilityCriminal investigation, prosecution, interrogationHealth care quality
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Health personnelLegal fees and court costsMedical ethicsViolent crime
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This bill died when the 116th Congress ended
It never became law before the 116th Congress (2019–2020) adjourned, and bills don't carry over to the next Congress. It would have to be reintroduced. You can still save it for reference, but it won't receive updates.
 Everywhere this bill has been 2 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Dec 9, 2020
Referred to the House Committee on the Judiciary.
Dec 9, 2020
Introduced in House
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 Latest action December 9, 2020

Referred to the House Committee on the Judiciary.

 Plain-English summary Congressional Research Service

Protection of Born-Alive Abortion Survivors Act

This bill establishes requirements for the degree of care a health care practitioner must exercise in the event a child is born alive following an abortion or attempted abortion.

A health care practitioner who is present must exercise the same degree of care as reasonably provided to another child born alive at the same gestational age. The bill also requires a health care practitioner or other employee to immediately report any failure to comply with this requirement to law enforcement.

A person who violates the requirements is subject to criminal penalties—a fine, up to five years in prison, or both.

Additionally, 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 for conspiracy to violate these provisions, for being an accessory after the fact, or for concealment of a felony.

A woman who undergoes an abortion or attempted abortion may file a civil action for damages against an individual who violates this bill.

 Related & companion bills 3
  • HR 962 Born-Alive Abortion Survivors Protection Act
  • S 311 Born-Alive Abortion Survivors Protection Act
  • S 130 Born-Alive Abortion Survivors Protection Act
 Bill text 1 version

Source documents hosted by congress.gov.

 Committees of jurisdiction 1
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APA
U.S. Congress. (2026). H.R. 8923: Protection of Born-Alive Abortion Survivors Act. 116th Congress. Open America. https://openamerica.io/bill/116-HR-8923/
MLA
"H.R. 8923: Protection of Born-Alive Abortion Survivors Act." 116th Congress, 2026, Open America, https://openamerica.io/bill/116-HR-8923/.
Bluebook (legal)
H.R. 8923, 116th Cong. (2026), https://openamerica.io/bill/116-HR-8923/.
Markdown link
[H.R. 8923: Protection of Born-Alive Abortion Survivors Act](https://openamerica.io/bill/116-HR-8923/)
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