Born-Alive Abortion Survivors Protection Act
Official title: A bill to amend title 18, United States Code, to prohibit a health care practitioner from failing to exercise the proper degree of care in the case of a child … Show full official titleShow less
Official title: A bill to amend title 18, United States Code, 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.
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| Date | Chamber | What was voted on | Result | Yes–No | |
|---|---|---|---|---|---|
| Feb 25, 2020 | Senate · vote #58 | On the Cloture Motion S. 311 | Rejected | 56–41 | See who voted → |
| Feb 25, 2019 | Senate · vote #27 | On Cloture on the Motion to Proceed S. 311 | Rejected | 53–44 | See who voted → |
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Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 56 - 41. Record Vote Number: 58. (CR S1136)
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.
- Placed on Calendar Senate Formatted Text PDF Formatted XML
Cite this page
U.S. Congress. (2026). S. 311: Born-Alive Abortion Survivors Protection Act. 116th Congress. Open America. https://openamerica.io/bill/116-S-311/
"S. 311: Born-Alive Abortion Survivors Protection Act." 116th Congress, 2026, Open America, https://openamerica.io/bill/116-S-311/.
S. 311, 116th Cong. (2026), https://openamerica.io/bill/116-S-311/.
[S. 311: Born-Alive Abortion Survivors Protection Act](https://openamerica.io/bill/116-S-311/)