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Born-Alive Abortion Survivors Protection Act

Received in the Senate and Read twice and referred to the Committee on the Judiciary.

Official summary

Version 00 · Introduced in House · Jan 3, 2025

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.

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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.

Read the summary on Congress.gov
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Who introduced it

Rep. Wagner, Ann [R-MO-2] · R–MO

Committees

  • Judiciary Committee
  • Judiciary Committee
163 cosponsorship records, including any withdrawals

Actions

A procedural vote is different from passage. Passage in one chamber does not establish enactment. Explore the glossary.

  1. Received in the Senate and Read twice and referred to the Committee on the Judiciary.

  2. Motion to reconsider laid on the table Agreed to without objection.

  3. On passage Passed by the Yeas and Nays: 217 - 204, 1 Present (Roll no. 27). (text: CR H335-336)

    House roll call 27 · Individual votes
  4. Passed/agreed to in House: On passage Passed by the Yeas and Nays: 217 - 204, 1 Present (Roll no. 27). (text: CR H335-336)

    House roll call 27 · Individual votes
  5. On motion to recommit Failed by the Yeas and Nays: 205 - 216 (Roll no. 26).

    House roll call 26 · Individual votes
  6. Considered as unfinished business. (consideration: CR H347-348)

  7. POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 21, the Chair put the question on the motion to recommit and by voice vote, announced that the noes had prevailed. Ms. Chu demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.

  8. The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.

  9. Ms. Chu moved to recommit to the Committee on the Judiciary. (text: CR H344-345)

  10. The previous question was ordered pursuant to the rule.

  11. DEBATE - The House proceeded with one hour of debate on H.R. 21.

  12. Considered under the provisions of rule H. Res. 5. (consideration: CR H335-345)

  13. Referred to the House Committee on the Judiciary.

  14. Introduced in House

  15. Introduced in House

Bill text & related measures

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Related bills identified by Congress.gov

Source last updated: Sep 19, 2026. Consult Congress.gov for the current record.

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