Bill

H.R. 21 (119th): Born-Alive Abortion Survivors Protection Act

Born-Alive Abortion Survivors Protection Act This bill establishes requirements for the degree of care a health care practitioner must provide in the case of a child born alive following an abortion or attempted abortion. Specifically, a health care practitioner who is present must (1) exercise the same degree of care as would reasonably be provided to any other child born alive at the same gestational age, and (2) ensure the child is immediately admitted to a hospital. Additionally, a health care practitioner or other employee who has knowledge of a failure to comply with the degree-of-care requirements must immediately report such failure to law enforcement. A health care practitioner who fails to provide the required degree of care, or a health care practitioner or other employee who fails to report such failure, is subject to criminal penalties—a fine, up to five years in prison, or both. 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 under this bill and allows her to bring a civil action against a health care practitioner or other employee for violations.

house · Substantive

Rankings updated October 26, 2026, 11:44 AM ET · Votes through September 30, 2026
Exported candidates: 719 | Filings on file, by office: H: 5838 | P: 1467 | S: 1567. These counts include every filing for that office, so they are larger than the ranked list. One person can have more than one filing. Non-voting delegates are left out.

Recorded summary

The bill sets care requirements for a child born alive after an abortion or attempted abortion. A present health care practitioner must provide the same degree of care that would reasonably be given to any other child born alive at the same gestational age, and must ensure the child is immediately admitted to a hospital. Practitioners and other employees who know of a failure to comply must immediately report it to law enforcement. Failure to provide care or to report carries a fine, up to five years in prison, or both. Intentionally killing or attempting to kill a born-alive child is subject to murder prosecution. The bill bars criminal prosecution of the mother and allows her to bring a civil action against a practitioner or employee for violations.

abortionabuse_accountabilityborn_alive_protectionchild_protectiondefends_lifefamily_policymurder_prosecution

Theological note: Scripture affirms that every human life is made in God's image and is protected by God's law, including the least and most vulnerable. This measure addresses the protection of a newborn who has already come into the world alive, which bears directly on the duty not to shed innocent blood and on the defense of the helpless. Its issue relevance concerns whether the civil order gives a born-alive child the basic care and legal protection owed to any other child.

How this bill is scored

Recorded votes

Roll 26 · 23-Jan-2025 3:48 PM · On Motion to Recommit · Failed

Yea 205 · Nay 216 · Other 12

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Nay

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Roll 27 · 23-Jan-2025 3:55 PM · On Passage · Passed

Yea 217 · Nay 204 · Other 12

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Other

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