NRL News

Republicans to hold a hearing next Tuesday on legislation to protect babies born alive from attempted abortions

by | Sep 7, 2019

By Jennifer Popik, J.D., Director of Federal Legislation – National Right to Life

This coming Tuesday, September 10th, House Republicans are holding a hearing entitled “End Infanticide: Examining the Born Alive Infants Protection Act.”

The witnesses will include Jill Stanek, RN, a nurse who found an abortion survivor; Dr. Robin Pierucci, MD, neonatologist and medical director of a 50-bed neonatal intensive care unit; Dr. Kathi Aultman, M.D., Retired Ob/Gyn and former abortion provider, and others.

There is growing evidence the babies who survive abortions are deliberately neglected. Republicans, led by minority whip Rep. Steve Scalise (R-La.), have been attempting to force a vote on the Born-Alive Abortion Survivors Protection Act (H.R. 962) sponsored by Rep. Ann Wagner (R-Mo.).

However obstruction from pro-abortion Democrat leadership has to date thwarted this common-sense effort to protect babies born alive in attempted abortions.


In 2002 Congress enacted the Born-Alive Infants Protection Act. The legislation said that babies who are born alive, whether before or after “viability,” are recognized as full legal persons for all federal law purposes.

The law was enacted in response to troubling indications that some abortion providers and pro-abortion activists did not regard infants born alive during abortion procedures as legal persons – especially if the infants were deemed to be “pre-viable.”

The Born-Alive Infants Protection Act became law without even one single dissenting vote. Not one.

Unfortunately, in the time between 2002 and 2019, the landscape has entirely changed.

In the years since the law was enacted, evidences have multiplied that some abortion providers, despite the clear language of the statute, do not regard babies born alive during abortions as persons, and that they do not provide them with the types of care that would be provided to premature infants who are born spontaneously.

Even with incomplete information, we know that there are numerous instances of babies born alive during abortions.

The Center for Disease Control (CDC) estimates that between 2003 and 2014, at least 143 babies died after being born alive during abortions. The number is likely far higher due to the fact that the CDC relies on state health departments which vary in their thoroughness. Additionally, California, the nation’s most populous state, along with Maryland and New Hampshire have not reported any abortion figures to the CDC since 1998.

Only five states independently report cases of infants born alive (Arizona, Florida, Michigan, Minnesota, and Oklahoma). Even in that small sample, at least 25 children were born alive during attempted abortions in 2017.

The attitude that babies born alive during an attempted abortion do not merit equal medical treatment is manifested in recent legislation, proposed and/or passed. For example, on January 22, 2019, the New York legislature passed, and Gov. Andrew Cuomo (D) signed, the so-called “Reproductive Health Act.” Among other provisions, the law repealed state-level protections for infants born alive during an attempted abortion. Previously, New York law stipulated that a second physician be present to care for a child 20 weeks or older born alive during an abortion.

In Virginia, Gov. Ralph Northam (D) waded into the debate over a New York-style measure in the Commonwealth. In a radio interview during the Virginia legislature’s debate over State Del. Kathy Trans’ “repeal bill,” Northam said an infant born alive during an attempted abortion wouldn’t necessarily be entitled to immediate treatment other than being made “comfortable.” His comments touched off a torrent of criticism.

In the wake of this controversy, although pro-abortion Democrats controlled the U.S. House, Republicans sprang into action by proposing the Born-Alive Abortion Survivors Protection Act.

The legislation would enact an explicit requirement that a baby born alive during an abortion must be afforded “the same degree” of care that would apply “to any other child born alive at the same gestational age,” including transportation to a hospital. But Democrats do not want to have to vote and no committees have taken up the bill.

Every day the House has been in session, pro-life members of the House have taken to the floor, seeking “unanimous consent” to take up the bill, to no avail. In April, a “discharge petition” was presented.

If a majority of House members add their names to the petition, the bill will bypass committees run by pro-abortion Democrats and be brought to the floor for a vote. To date, every Republican and three Democrats have signed the petition. The discharge petition currently needs 17 more signatures. You can find the signers here.

In late February of 2019, the U.S. Senate considered the enhanced protective measure. Fifty-three senators voted to take up the Born-Alive Abortion Survivors Protection Act sponsored by Senator Ben Sasse (R-Ne.). However 60 votes were required to “invoke cloture” (overcome a filibuster), so the bill did not advance. The bill was supported by 50 Republicans and three Democrats.

Melissa Ohden, who survived a failed 1977 saline infusion abortion, has testified before numerous House committees. According to her organization, “The Abortion Survivors Network”, from 2012-2018, they have, “…had contact with 260 survivors of abortion or their friends or family who contacted us on their behalf. We know this is just the tip of the iceberg when it comes to survivors—many don’t ever share their stories with anyone, and, in fact, many probably don’t even know about their survival, as it’s kept a secret.”

This Tuesday’s hearing is at 1:00 p.m. on September 10, 2019 in HVC 215. The public is encouraged to attend.

1.) For one example, in 2013, Dr. Kermit Gosnell of Philadelphia was convicted under state law of multiple homicides of born-alive infants. However, such a prosecution and conviction is uncommon. In some jurisdictions, local authorities seem reluctant to investigate reports of infants born alive during abortions, or to bring appropriate indictments even in cases in which the publicly reported evidence of gross neglect or overt lethal acts seems strong.


Categories: Legislation