H.R.21 - Born-Alive Abortion Survivors Protection Act (119th Congress)
Summary
H.R.21, the Born-Alive Abortion Survivors Protection Act, seeks to amend Title 18 of the United States Code to ensure that infants born alive after an abortion attempt receive the same medical care as any other newborn. It mandates that healthcare practitioners exercise the same degree of professional skill and care to preserve the life and health of a child born alive during an abortion as they would for any other child of the same gestational age. The bill also requires immediate transport and admission of the child to a hospital.
Expected Effects
The bill's enactment would impose legal requirements on healthcare practitioners and facilities, with penalties for non-compliance, including fines and imprisonment. It also establishes civil remedies for women who undergo abortions if a child is born alive and the required care is not provided. The law aims to provide legal protection to infants born alive during abortion procedures.
Potential Benefits
- Ensures medical care for infants born alive after attempted abortions.
- Provides legal recourse for women if proper care is not given to a born-alive infant.
- Reinforces the legal personhood of infants born alive.
- May deter instances of neglect or infanticide in post-abortion care.
- Clarifies the responsibilities of healthcare practitioners in such situations.
Potential Disadvantages
- May create additional legal and administrative burdens for healthcare providers.
- Could be perceived as an infringement on abortion access and reproductive rights.
- May lead to increased scrutiny and potential legal challenges for abortion providers.
- Potential for conflicting interpretations regarding the definition of 'born alive' and 'attempted abortion'.
- Could further polarize the debate surrounding abortion.
Constitutional Alignment
The bill cites Section 5 of the 14th Amendment (equal protection) and Article I, Section 8 (necessary and proper clause, including regulation of commerce) as its constitutional basis. The 14th Amendment ensures equal protection under the law, which the bill argues applies to infants born alive. Article I, Section 8 grants Congress the power to make laws necessary for executing its powers, including regulating commerce, which could be interpreted to include healthcare services.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).