H.R. 26 · 118th Congress

Requires care for infants born alive after an attempted abortion, with criminal penalties

Official title: Born-Alive Abortion Survivors Protection Act1

Did not become lawAbortion law

§1What it does

Why this matters: A plain-English description of the bill as it was voted on, written by us from the official summary and text.

Drafted by AI from the public sources cited. Each sentence links to its source.

This bill would require any health care practitioner present when a child is born alive after an abortion or attempted abortion to give the child the same care that any other newborn at the same stage of development (gestational age) would reasonably receive, and to make sure the child is immediately admitted to a hospital.2,3 Practitioners and other employees who know of a failure to provide that care would have to report it to law enforcement right away, and failing to provide the care or to report it could bring a fine, up to five years in prison, or both.3 Anyone who intentionally kills or tries to kill such a child could be prosecuted for murder.3 The mother could not be prosecuted under the bill and could sue a practitioner or employee who violates it.3

§2Status

StatusLatest action, January 25, 2023: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 2.1
IntroducedJanuary 9, 2023
SponsorRep. Wagner, Ann [R-MO-2]
Cosponsors166 cosponsors (166 Republican)
Official recordH.R. 26 on Congress.gov

§3How Congress voted

Why this matters: The official count.

House, January 11, 2023

On Passage: Passed — 220 yes, 210 no, 1 present, 3 not voting.4