H.R. 8923

Protection of Born-Alive Abortion Survivors 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 exercise the same degree of care as reasonably provided to another child born alive at the same gestational age. 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 a felony.

A woman who undergoes an abortion or attempted abortion may file a civil action for damages against an individual who violates this bill.