Born-Alive Abortion Survivors Protection Act

Protection of born-alive infants: Health care practitioners are required to use the same level of skill, care, and diligence to preserve the life and health of a child born alive as they would for any other child of the same gestational age (Section 3(a)(1)(A)).

Ensured medical transition: The bill requires that a child born alive be immediately transported and admitted to a hospital after the required care is provided (Section 3(a)(1)(B)).

Right to legal recourse for women: A woman upon whom an abortion was performed or attempted may bring a civil action to obtain relief, including money damages for physical or psychological injuries, statutory damages, and punitive damages (Section 3(c) and Section 3(d)(1)-(2)).

Legal immunity for mothers: The bill specifies that a mother may not be prosecuted for a violation of this section or related offenses based on a violation involving a child born alive (Section 3(c)).

Criminal penalties for practitioners: Health care practitioners who violate the requirements regarding the degree of care or hospital admission can be fined, imprisoned for up to 5 years, or both (Section 3(b)(1)).

Severe penalties for intentional acts: Anyone who intentionally performs or attempts an act that kills a child born alive can be punished under the standards for intentionally killing or attempting to kill a human being (Section 3(b)(2)).

Mandatory reporting burdens: Employees of hospitals, physician's offices, or abortion clinics are required to immediately report any knowledge of a failure to comply with the care requirements to law enforcement (Section 3(a)(2)).

Financial risks in civil litigation: While plaintiffs can seek damages, defendants in civil actions may be awarded reasonable attorney's fees if the court finds the plaintiff's suit was frivolous (Section 3(d)(4)).