HR 4712 - Born-Alive Abortion Survivors Protection Act - National Key Vote


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Title: Born-Alive Abortion Survivors Protection Act

Vote Smart's Synopsis:

A vote to pass a bill that establishes procedural requirements for when an abortion results in a child born prematurely.


  • Requires practitioners who are present when an abortion procedure results in a “child born alive” to exercise the same degree of care as they would with a child born in any other circumstance (Sec. 3).

  • Defines a “child born alive” to include a fetus that has been removed from the uterus at any stage of development that exhibits a heartbeat, pulsation of the umbilical cord, breathing, or voluntary muscle movement (Sec. 2).

  • Specifies that any action to intentionally cause the death of a “child born alive” can be legally prosecuted and is punishable as an act of homicide or attempted murder (Sec. 3).

  • Exempts an individual upon whom an abortion procedure is performed from prosecution for any violation of this bill (Sec. 3).

  • Specifies that an individual who undergoes an abortion that results in a “child born alive” can take civil action against the practitioner and is eligible to receive damages equal to 3 times the cost of the procedure as well as money for any mental or physical injury that resulted (Sec. 3).

  • Requires anyone working at a medical facility that performs abortions to immediately report to law enforcement any knowledge of a violation of this bill, classifying a failure to do so as a criminal offense subject to no more than 5 years in prison (Sec. 3).