House to Consider 'Born-Alive Abortion Survivors Act' This Week

( — This week, the Republican-controlled U.S. House will consider the Born-Alive Abortion Survivors Protection Act, legislation that would require a medical professional to provide immediate care to a baby, and immediate admission to a hospital, if the child survives an abortion or attempted abortion.

If the health care professional does not act to help the baby, he could be fined or imprisoned up to five years (or both). If the health care practitioner kills or attempts to kill a baby born alive, they can be prosecuted for murder. 

House Rep. Ann Wagner (R-Mo.) reintroduced the Born-Alive Survivors Protection Act on Jan. 9. The bill was cosponsored by House Majority Leader Steve Scalise (R-La.) and Rep. Kat Cammack (R-Fla.). 

“All children should have the right to receive lifesaving care, especially those who survive an abortion,” said Rep. Wagner in a press release.  “The Born-Alive Abortion Survivors Protection Act will provide commonsense protections for innocent children and their mothers and will ensure all babies receive the essential care they need at an incredibly vulnerable moment.  It pains me that this fight has to be fought at all, but medical care for babies should not be a partisan issue.  Now, with Republicans in the Majority, the House will finally take action and vote to protect the fundamental right to life.”

Majority Leader Scalise said, “On the first day of the 118th Congress, I am proud that Republicans are following through on the promises that we made to the American people…. It is appalling that for the last four years, Democrats refused to hold a vote on the Born-Alive Abortion Survivors Protection Act. Republicans are committed to defending life and doing everything in our power to keep babies who survive an abortion alive.”


The original version of the legislation was introduced in the House in January 2021, where it was referred to the Committee on the Judiciary and then the Subcommittee on Crime, Terrorism, and Homeland Security. The Democrats, who controlled the House then, did not bring the bill up for a vote.

Similar legislation was also introduced in the Democrat-controlled Senate in January 2021. It was referred to the Judiciary Committee.  

Commenting on the new bill, SBA Pro-Life America’s Marilyn Musgrave said it “showcases the barbaric reality of late-term abortion and ensures that babies who are born alive during a failed abortion receive the same medical care as any other baby born prematurely at the same age.”

“The extremism of the Democratic Party leadership and the abortion lobby in opposing an end to infanticide shows how out of step they are with most Americans,” said Kristan Hawkins, president of Students for Life Action.  It’s inhumane to stand by while children are allowed to die even as they survive an abortion…. This is long overdue and represents a place to begin in this new year, and the Pro-Life Generation calls on Congress to finally end this human rights atrocity.”

Melissa Ohden, CEO of the Abortion Survivors Network, said, “This legislation will save lives. The Abortion Survivors Network is committed to serving survivors of abortion at any gestational age, along with their mothers, who deserve compassionate prenatal and postpartum care, a delivery plan, and emotional support.”

“Let us work together to ensure that infant survivors and their mothers receive the best medical and emotional care possible,” said Ohden.  “We are proud to stand with Congresswoman Wagner in support of this legislation.”

House Rep. Nancy Mace (R-S.C.), however, is not happy about the legislation and the pending vote. As reported by Politico on Jan. 10, Mace said, “We learned nothing from the midterms if this is how we’re going to operate in the first week. Millions of women across the board were angry over overturning Roe v. Wade.”

“What we’re doing this week is paying lip service to life,” she added. “Nothing that we’re doing this week on protecting life is ever going to make it through the Senate.”

The U.S. Senate is controlled by the Democrats (51-49).  So, if the Born-Alive Survivors Protection Act passes in the House, it likely will go nowhere in the Senate. 


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