Born-Alive Protections Map
Born-Alive laws require that medical care be provided to infants born alive during an attempted abortion. In 2002, Congress passed the Born-Alive Infants Protection Act, which clarified that infants who survive abortion are persons under the law but did not include any legal enforcement. In the ensuing years states have passed varying levels of born-alive protections to make up for the lack of federal enforceability.
Currently, 38 states have at least some born-alive protections. However, only 18 states have the three elements of strong born-alive protections, which are reflected in the Born-Alive Abortion Survivors Protection Act, currently pending in Congress:
- a requirement that practitioners must exercise professional skill, care, and diligence to preserve the life of infants who survive abortion;
- a requirement that surviving infants be immediately transported to a hospital and/or requiring the presence of a second physician during the abortion; and
- legal penalties for abortionists who do not comply.
At this moment, federal law and 32 states do not adequately protect the lives of infants who survive abortion.
Click on a state to see its born-alive protections