S6119th Congress

Born-Alive Abortion Survivors Protection Act

Sponsored By: Senator James Lankford

Introduced

Summary

This bill would require health care practitioners to give the same standard of care and immediate hospital admission for infants born alive after an abortion. It would also create mandatory reporting rules and civil and criminal penalties for failures.

Show full summary
  • Health care practitioners: Would have to provide the same professional care any newborn at the same gestational age would receive and ensure immediate hospital admission. Violations can lead to fines or up to 5 years in prison.
  • Clinic and hospital staff: Anyone who knows a practitioner failed to meet the care rules must immediately report that failure to state or federal law enforcement.
  • Mothers: The woman on whom the abortion was performed could not be prosecuted under this law and may sue providers for violations.
  • Civil remedies: A successful suit can win verifiable damages for injuries, punitive damages, and statutory damages equal to three times the cost of the abortion.
  • Homicide exposure: Intentionally killing or attempting to kill an infant born alive would be prosecuted as murder.

Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 1 costs, 1 mixed.

Civil damages for born alive violations

If enacted, the bill would let a woman whose abortion resulted in a baby born alive sue if the required care or hospital admission rules were broken. A prevailing plaintiff could get money for physical and psychological injuries, punitive damages, and statutory damages equal to three times the cost of the abortion or attempted abortion. Courts would usually award the woman's attorney fees, and a defendant can get fees if the suit is frivolous.

Criminal penalties for provider violations

If enacted, the bill would make failure to provide the required care or arrange hospital admission a federal crime punishable by a fine, up to five years in prison, or both. If someone intentionally kills a baby born alive under the section, the bill would apply federal murder penalties.

Care and reporting for born alive babies

If enacted, the bill would require health workers present when an abortion results in a baby born alive to give the same degree of care they would to any baby that age. After giving that care, the worker would have to make sure the baby is immediately transported to and admitted at a hospital. The bill would define key words used in this section and would bar criminal prosecution of the mother in these cases. These rules would start one day after enactment.

Sponsors & CoSponsors

Sponsor

James Lankford

OK • R

Cosponsors

  • Jim Banks

    IN • R

    Sponsored 1/15/2025

  • John Thune

    SD • R

    Sponsored 1/15/2025

  • Cindy Hyde-Smith

    MS • R

    Sponsored 1/15/2025

  • James Risch

    ID • R

    Sponsored 1/15/2025

  • Cynthia Lummis

    WY • R

    Sponsored 1/15/2025

  • Katie Britt

    AL • R

    Sponsored 1/15/2025

  • Sen. McConnell, Mitch [R-KY]

    KY • R

    Sponsored 1/15/2025

  • Roger Wicker

    MS • R

    Sponsored 1/15/2025

  • Marsha Blackburn

    TN • R

    Sponsored 1/15/2025

  • Mike Crapo

    ID • R

    Sponsored 1/15/2025

  • Deb Fischer

    NE • R

    Sponsored 1/15/2025

  • Chuck Grassley

    IA • R

    Sponsored 1/15/2025

  • John Hoeven

    ND • R

    Sponsored 1/15/2025

  • Roger Marshall

    KS • R

    Sponsored 1/15/2025

  • Thomas Tillis

    NC • R

    Sponsored 1/15/2025

  • Ted Budd

    NC • R

    Sponsored 1/15/2025

  • Tim Scott

    SC • R

    Sponsored 1/15/2025

  • Ron Johnson

    WI • R

    Sponsored 1/15/2025

  • Tim Sheehy

    MT • R

    Sponsored 1/15/2025

  • Tommy Tuberville

    AL • R

    Sponsored 1/15/2025

  • Bill Hagerty

    TN • R

    Sponsored 1/15/2025

  • John Curtis

    UT • R

    Sponsored 1/15/2025

  • Todd Young

    IN • R

    Sponsored 1/15/2025

  • Pete Ricketts

    NE • R

    Sponsored 1/15/2025

  • Kevin Cramer

    ND • R

    Sponsored 1/15/2025

  • John Barrasso

    WY • R

    Sponsored 1/15/2025

  • John Kennedy

    LA • R

    Sponsored 1/15/2025

  • John Cornyn

    TX • R

    Sponsored 1/15/2025

  • Bill Cassidy

    LA • R

    Sponsored 1/15/2025

  • Mike Rounds

    SD • R

    Sponsored 1/15/2025

  • Joni Ernst

    IA • R

    Sponsored 1/15/2025

  • Rick Scott

    FL • R

    Sponsored 1/15/2025

  • Steve Daines

    MT • R

    Sponsored 1/15/2025

  • Markwayne Mullin

    OK • R

    Sponsored 1/15/2025

  • Lindsey Graham

    SC • R

    Sponsored 1/15/2025

  • Ted Cruz

    TX • R

    Sponsored 1/15/2025

  • Eric Schmitt

    MO • R

    Sponsored 1/15/2025

  • Mike Lee

    UT • R

    Sponsored 1/15/2025

  • Dan Sullivan

    AK • R

    Sponsored 1/15/2025

  • Jerry Moran

    KS • R

    Sponsored 1/15/2025

  • Tom Cotton

    AR • R

    Sponsored 1/15/2025

  • Josh Hawley

    MO • R

    Sponsored 1/15/2025

  • David McCormick

    PA • R

    Sponsored 1/15/2025

  • John Boozman

    AR • R

    Sponsored 1/16/2025

  • Bernie Moreno

    OH • R

    Sponsored 1/21/2025

  • Shelley Capito

    WV • R

    Sponsored 1/21/2025

  • Ashley Moody

    FL • R

    Sponsored 10/6/2025

  • Rand Paul

    KY • R

    Sponsored 1/28/2026

Roll Call Votes

All Roll Calls

Yes: 52 • No: 47

senate vote • 1/22/2025

On Cloture on the Motion to Proceed S. 6

Yes: 52 • No: 47

View on Congress.gov

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