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Born-Alive Abortion Survivors Protection Act
This bill establishes requirements for the degree of care a health care practitioner must provide in the case of a child born alive following an abortion or attempted abortion.
Specifically, a health care practitioner who is present must (1) exercise the same degree of care as would reasonably be provided to any other child born alive at the same gestational age, and (2) ensure the child is immediately admitted to a hospital. Additionally, a health care practitioner or other employee who has knowledge of a failure to comply with the degree-of-care requirements must immediately report such failure to law enforcement.
A health care practitioner who fails to provide the required degree of care, or a health care practitioner or other employee who fails to report such failure, is subject to criminal penalties—a fine, up to five years in prison, or both.
An individual who intentionally kills or attempts to kill a child born alive is subject to prosecution for murder.
The bill bars the criminal prosecution of a mother of a child born alive under this bill and allows her to bring a civil action against a health care practitioner or other employee for violations.
Written by the nonpartisan Congressional Research Service, describing H.R. 21 as introduced in House on Jan 3, 2025. It is not the text of the measure; a later amendment may have changed what it does.
Jan 23, 2025Each bar: ✓ Yea from the bottom, ✕ Nay aboveJan 23, 2025
House Jan 23, 2025 · the primary vote
Born-Alive Abortion Survivors Protection Act
Passed
217 Yea 204 Nay 11 not voting · 1 present
Party-line vote 1 of 421 voting members broke with their own party: 1 Democrat.
DemocratsIndependentsRepublicansFilled: YeaRing: NayGrey: not voting or present
433 members on this roll call, from the official House record. Party majorities need at least five voting members, so an independent never counts as breaking with a party.
Signing on is not a vote: a member can cosponsor H.R. 21 and vote against it. 2 signed when it was filed.
Organizations that named H.R. 21 in a lobbying disclosure. Only those that cited the bill by number appear, so this is a floor, not a full list.
51 disclosures name this measure. Retrieved from LDA.gov on 2026-10-25. Senate Office of Public Records cannot vouch for the data or analyses derived from these data after the data have been retrieved from LDA.gov.