In the 118th Congress, Rep. Ann Wagner (R- MO-2) introduced HR 26, the Born-Alive Abortion Survivors Protection Act, on January 9, 2023. Passed in the House on January 11, 2023 . All Republicans voted YES on this bill and only 1 Democrat.

On February 1, 2023 Senators James Lankford (R-OK) and John Thune (R-SD) introduced the Born-Alive Abortion Survivors Protection Act in the Senate.

In the 117th Congress, Rep. Ann Wagner (R- MO-2) introduced HR 619, the Born-Alive Abortion Survivors Protection Act, on January 28th. The Democrat leadership does not want to even have a vote on the bill.

Therefore, on Wednesday, April 14th, the Republicans in the House introduced a “Discharge Petition,” as they did in the 116th Congress. Freshman member Rep. Kat Cammack (R-FL-3) is the leader of this process, by which, if 218 (a majority) of House Members sign the petition, the bill goes to the floor for a vote despite the opposition of the leadership.

By the 14th, Republicans will hold 213 seats in the House.

With all of them signing it (which we expect but should certainly urge them to do), we would need only five Democrats to do so.

Live Updates on the Signers of the Discharge Petition: https://clerk.house.gov/DischargePetition/20210414?CongressNum=117

Take Action: Urge your Representative to Sign the Discharge Petition: Protect Children from Infanticide

Media Advisory: Fr. Frank Pavone Provides Unique Perspective on Born-Alive Bill

4/2021: Restoring dignity to children and the medical profession (Dr. Kathi A. Aultman, M.D. and Fr. Frank Pavone, Washington Times, April 27)

4/2021: We Can't Be Silent as Biden Plans to Drop Protect Life Rule (Fr. Frank Pavone, Newsmax.com, April 27)

4/2021: Statement from the National Pro-Life Religious Council

4/2021: Fr. Frank with Guests Dr. Robin Pierucci, MD and Jill Stanek, RN: Babies are being killed after being born alive

4/2021: Newsmax op-ed: H.R. 619 Protects the Born — Has Real Teeth by Fr. Frank Pavone

4/2021: Prolife Primetime: Dr. Alveda King and I discuss The Born Alive Bill!

2/4/2021: Amendment based on the Born-Alive Act failed to garner enough votes to advance. The vote failed 52-48 – 60 were required.

See how your Senator voted!

Fr. Frank Pavone's Response: This is only the beginning of the battle

Take Action: Urge members of the House and Senate to support the Born-Alive Bill

1/2021: Whip Steve Scalise (R-LA) and Rep. Ann Wagner (R-MO) reintroduce H.R. 619 the Born-Alive Abortion Survivors Protection Act. - [Press Release]

1/2021: Senator Ben Sasse (R-NE) reintroduces the Born-Alive Abortion Survivors Protection Act. - [Press Release]

Not sufficiently.

In 2002, the “Born Alive Infant Protection Act” became law, but this law simply acknowledges that all newborns, regardless of the circumstances of their birth, are to be recognized as persons from the moment of their birth if they show any sign of life. It is, in other words, a “definitional” law, but does not provide specific duties for an abortion doctor to follow or penalties if they are not followed.

The Born Alive Abortion Survivors Protection Act, in other words, augments and specifies the current protections.

On the state level, moreover, there are laws protecting babies who survive abortions, but not everywhere.

While state laws prohibit homicide, they often do not clarify with any specifics what a doctor is expected to do should a baby inadvertently be born alive following an attempted abortion. The Born-Alive Abortion Survivors Protection Act does. It makes his/her obligation clear – to treat this newborn infant with the same medical attention and care as other babies born at the same age and then transfer the baby to a hospital for further evaluation and care by a qualified specialist.

"Currently, 36 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.."( Pro-Life Laws in the States, Family Research Council). Some of the states with the most permissive abortion laws, particularly for abortions late in pregnancy, where the chances of born-alive infants increase, do not have such protections.

A federal law is necessary to ensure that all infants who survive abortions are protected, not just those born in certain states.

For obvious reasons, abortionists do not want what they call the “dreaded complication,” that is, a live birth of a child they were aborting. Therefore it is not far-fetched to conclude that they may take active or passive steps after the child’s birth to ensure that the child does not survive. This makes children born alive following an attempted abortion more vulnerable than their non-abortion birth counterparts. Nevertheless, these newborn children have an equal right to life and protection.

State legislative testimony like this, given in Florida as they were preparing to pass their law protecting children born alive, shows the need for this protection, because the abortion lobby is unwilling to provide it on their own.

Further reflections on the necessity of this law can be found in this article, Why is the Born Alive Act necessary?

Some may doubt that this happens, but it is a matter of public record that babies sometimes survive abortion. Born-Alive Abortion Survivors: Just the Facts (April 2021, Family Research Council)

The question then becomes whether the fact that they were scheduled to be aborted means that they lose their protection even if they are born.

The phenomenon of live births after abortions is documented by government agencies on the federal and state levels as well as internationally, and is also corroborated by individual case testimonies, some of which have received considerable publicity.

A hearing was held in 2019 with witness testimony from Dr. Robin Pierucci, M.D., M.A, Clinical Neonatologist, Dr. Kathi A. Aultman, M.D., Retired Gynecologist, Jill Stanek, Former RN from Illinois and Tessa Longbons, Research Associate, Charlotte Lozier Institute.

A Fox News report gives the following details:

“At least 40 babies were born alive after botched abortions across three states since 2016, according to state health data…The data on babies surviving abortions is compiled on a mandatory basis by only a handful of states.

“The most recent information comes from Minnesota, which reported in June that three infants were born alive in 2018 after induced termination of a pregnancy. That brings the state total to 11 since 2016. Arizona reported 10 in 2017 and Florida had 19 such instances since 2017. Nationally, the Centers for Disease Control and Prevention reported 143 cases between 2003 and 2014 of infants born after attempted abortions, though those figures may be incomplete.”

Florida’s Agency for Health Care Administration reported two infants born alive after an induced termination of pregnancy so far in 2019. The state reported six cases in 2018 and 11 cases in 2017.

The Minnesota Department of Health data shows three cases of “abortion procedures resulting in a born-alive infant were reported” in both 2017 and 2018, and five in 2016.

Internationally, we also see reports of babies born alive after failed abortions. In the UK, the Daily Mail has reported that in just one year 66 infants had been left to die after abortions. Canada, moreover, reports 491 babies born alive during abortion between 2000 and 2009.

Aside from government reporting, individual medical professionals have come forward to report on instances where they have seen babies born alive after abortions and then left to die or actively killed.

Nurse Jill Stanek’s testimony about what happened at Christ Hospital in Oak Lawn, IL was a key impetus for the Born Alive bill that was signed in 2002. Other examples abound, like the Hialeah case, the emergency call from Family Planning Associates in Phoenix, the Baby Hope case, and more.

Abortionist Kermit Gosnell is serving life in prison precisely for killing babies born alive during abortions.

Former abortion clinic employees of Douglas Karpen, moreover, describe how he killed babies born alive.

And there are abortion survivors like Josiah Presley, whose stories are becoming more and more known.

A February 2019 poll by McLaughlin and Associates shows 77% of the public supporting legislation to protect children born alive after a failed abortion. Some 70% of Democrats, moreover, support it.

A YouGov/Americans United for Life poll at that same time shows 82% of Americans (including 77% of prochoice people) opposed to removing care for viable children after birth.

While the partisan divide on abortion has been clear over the years, it is not clear that there should be such a divide when it comes to protecting children outside the womb.

Numerous op-eds can be found on this topic, including from people like Senator Mitch McConnell, Senator Marsha Blackburn, Rep. Steve Scalise, and Fr. Frank Pavone.

One page Graphic from the Family Research Council

116th Congress