Senators Marshall, Risch and Senate GOP Colleagues Introduce Bill to Protect Babies Born After Botched Abortions from Infanticide

Washington, D.C. – U.S. Senators Roger Marshall, M.D. and James Lankford (R-OK) introduced the Born-Alive Abortion Survivors Protection Act to protect newborns that survive abortions by requiring they receive care from health care practitioners.

The Born-Alive Abortion Survivors Protection Act adds clear expectations of care, hospital transfer requirements, mandatory reporting, private rights of action for moms, and reasonable criminal penalties for health care professionals who violate the law. 

March for Life Action, AAPLOG Action, Susan B. Anthony Pro-Life America, Concerned Women for America LAC, National Right to Life, Ethics and Religious Liberty Commission, Live Action, Americans United for Life, Family Research Council, Students for Life Action, Alliance Defending Freedom, US Conference of Catholic Bishops, Heritage Action, Family Policy Alliance, Human Coalition, Liberty Council Action, Ethics and Public Policy Center, Christian Employers Alliance, Advancing American Freedom, Focus on the Family, First Rights Global, AdvanceUSA, Coalition for Jewish Values, National Association of Evangelicals, Eagle Forum, Christian Legal Society, Christian Medical and Dental Associations, Faith and Freedom Coalition, Christ Medicus Foundation, Christians Engaged, Children’s AIDS Funds International, and Capability Consulting endorsed this legislation.

Joining Senators Marshall and Lankford in introducing the legislation are Majority Leader John Thune (R-SD) and Senators Jim Banks (R-IN), Cindy Hyde-Smith (R-MS), Jim Risch (R-ID), Cynthia Lummis (R-WY), Katie Britt (R-AL), Mitch McConnell (R-KY), Roger Wicker, R-MS), Marsha Blackburn (R-TN), Mike Crapo (R-ID), Deb Fischer (R-NE), Chuck Grassley (R-IA), John Hoeven (R-ND), Thom Tillis (R-NC), Ted Budd (R-NC), Tim Scott (R-SC), Ron Johnson (R-WI), Tim Sheehy (R-MT), Tommy Tuberville (R-AL), Bill Hagerty (R-TN), John Curtis (R-UT), Todd Young (R-IN), Pete Ricketts (R-NE), Kevin Cramer (R-ND), John Barrasso (R-WY), John Kennedy (R-LA), John Cornyn (R-TX), Bill Cassidy, M.D. (R-LA), Mike Rounds (R-SD), Joni Ernst (R-IA), Rick Scott (R-FL), Steve Daines (R-MT), Markwayne Mullin (R-OK), Lindsey Graham (R-SC), Ted Cruz (R-TX), Eric Schmitt (R-MO), Mike Lee (R-UT), Dan Sullivan (R-AK), Jerry Moran (R-KS), Tom Cotton (R-AR), Josh Hawley (R-MO), and Dave McCormick (R-PA). 

BACKGROUND 

In 2002, Congress passed the Born-Alive Infants Protection Act which codified in law that a newborn, regardless of the circumstances of their birth, is to be legally recognized as a person from the moment of birth if he or she shows any sign of life. The 2002 law did not provide any measures to enforce the protection of these infants, which has allowed the current practice of leaving a child to die after a botched abortion to continue.