PlainBillCongress, translated.Legislation. Context. Public interest.Referred to the House Committee on the Judiciary.
Congressional Research Service
Version 00 · Introduced in House · Dec 9, 2020
Protection of Born-Alive Abortion Survivors ActThis 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.
People & committees
Rep. Gabbard, Tulsi [D-HI-2] · D–HI
Legislative record
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Referred to the House Committee on the Judiciary.
Introduced in House
Introduced in House
Primary sources
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Source last updated: Dec 5, 2025. Consult Congress.gov for the current record.
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