Born-Alive Abortion Survivors Protection Act
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Born-Alive Abortion Survivors Protection 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 (1) exercise the same degree of care as reasonably provided to another child born alive at the same gestational age, and (2) immediately admit the child to a hospital. 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 felony.
A woman who undergoes an abortion or attempted abortion may file a civil action for damages against an individual who violates this bill.
Committee on the Judiciary. Hearings held.
- Introduced in Senate Formatted Text PDF Formatted XML
Cite this page
U.S. Congress. (2026). S. 130: Born-Alive Abortion Survivors Protection Act. 116th Congress. Open America. https://openamerica.io/bill/116-S-130/
"S. 130: Born-Alive Abortion Survivors Protection Act." 116th Congress, 2026, Open America, https://openamerica.io/bill/116-S-130/.
S. 130, 116th Cong. (2026), https://openamerica.io/bill/116-S-130/.
[S. 130: Born-Alive Abortion Survivors Protection Act](https://openamerica.io/bill/116-S-130/)