H.R. 21 (119th)Bill Overview

Born-Alive Abortion Survivors Protection Act

Crime and Law Enforcement|AbortionCivil actions and liability
Cosponsors
Support
Republican
Introduced
Jan 3, 2025
Discussions
Bill Text
Current stageCommittee

Received in the Senate and Read twice and referred to the Committee on the Judiciary.

Introduced
Committee
Floor
President
Law
Congressional Activities
01 · The brief
Plain-English summaryWhat this bill actually does

Amends Title 18 to require health care practitioners to provide the same degree of care to any infant born alive after an abortion as to other newborns of the same gestational age, immediately transport the infant to a hospital, and report failures. It creates criminal penalties (fines and up to five years imprisonment) for violations, makes intentional killing of such a child punishable as murder, bars prosecution of the mother, and provides civil remedies including treble statutory damages and attorney’s fees.

Why people may split

Progressives emphasize chilling effects on medical care and access.

Watch point

Relative to its intended legislative type, this bill is a clear substantive statute that imposes duties, penalties, and civil remedies and integrates with several existing provisions of Title 18.

Amends Title 18 to require health care practitioners to provide the same degree of care to any infant born alive after an abortion as to other newborns of the same gestational age, immediately transport the infant to a hospital, and report failures.

It creates criminal penalties (fines and up to five years imprisonment) for violations, makes intentional killing of such a child punishable as murder, bars prosecution of the mother, and provides civil remedies including treble statutory damages and attorney’s fees.

The bill also adds definitional language for ‘abortion’ and ‘attempt’ and updates chapter headings.

Passage30/100

Content is legally implementable but politically charged; passage depends heavily on overcoming Senate hurdles and interbranch/state resistance.

CredibilityPartially aligned

Relative to its intended legislative type, this bill is a clear substantive statute that imposes duties, penalties, and civil remedies and integrates with several existing provisions of Title 18. It clearly states its purpose and sets out enforceable provisions, but leaves multiple operative terms and implementation details ambiguous and omits fiscal and administrative scaffolding.

Contention70/100

Progressives emphasize chilling effects on medical care and access.

02 · What it does

Who stands to gain, and who may push back.

Likely benefits vs burdens50% / 50%
Likely helpedLikely burdened

These are examples from the analysis, not a ranked list of the most-affected groups.

Likely helped
  • Potential benefitCreates a legal duty for clinicians to preserve infants born alive after abortions, standardizing care expectations.
  • Potential benefitRequires immediate hospital transport and admission for infants born alive, increasing access to neonatal care.
  • Potential benefitImposes criminal penalties and murder charges for intentional killing, potentially deterring negligent or malicious con…
Likely burdened
  • Potential burdenExpands criminal and civil liability for clinicians, increasing legal risk for medical providers.
  • Potential burdenMay prompt providers to limit abortion-related or late-pregnancy care due to liability concerns.
  • Potential burdenCould impose immediate admission costs and logistical burdens on hospitals, especially smaller facilities.
03 · Why people split

Why the argument around this bill splits.

Progressives emphasize chilling effects on medical care and access.
Progressive20%

Likely views the bill as redundant in some clinical settings but risky because it criminalizes providers and could chill standard medical care.

Concern centers on vague legal standards, mandatory reporting to law enforcement, and civil penalties that may deter providers from offering reproductive health services.

Notes the mother is exempt from prosecution, but worries about broader impacts on abortion access and clinical judgment.

Likely resistant
Centrist50%

Views the bill as principled in protecting infants but worries about vague legal language and unintended consequences for clinical care.

Would seek clearer medical definitions, due-process safeguards, and implementation guidance to avoid politicized enforcement and excessive litigation.

Open to the concept if narrowed and clarified.

Split reaction
Conservative90%

Likely strongly supportive as it affirms legal personhood for infants born alive and holds practitioners criminally and civilly accountable for failures.

Sees the bill as necessary to prevent neglect or intentional killing and to ensure immediate care and hospital admission.

Views the law as filling perceived legal gaps.

Leans supportive
04 · Can it pass?

The path through Congress.

Introduced

Reached or meaningfully advanced

Committee

Reached or meaningfully advanced

Floor

Still ahead

President

Still ahead

Law

Still ahead

Passage likelihood30/100

Content is legally implementable but politically charged; passage depends heavily on overcoming Senate hurdles and interbranch/state resistance.

Scope and complexity
52%
Scopemoderate
52%
Complexitymedium
Why this could stall
  • No CBO cost estimate provided
  • Judicial interpretation of 'born alive' and statutory definitions
05 · Recent votes

Recent votes on the bill.

HOUSE · Jan 23, 2025
Final passage✓ PassedClose voteParty-line

The House passed this bill. It now goes to the other chamber, and eventually to the President for signature.

What is a final passage?

The final vote on whether the bill becomes law (pending the other chamber and the President).

Yes 52% No 48%
Against party line
Showing a quick cross-section of legislators, with followed members first when available.
HOUSE · Jan 23, 2025
Send back to committee✗ FailedClose voteParty-line

The attempt to send the bill back to committee failed. The bill continues moving forward.

What is a send back to committee?

A motion to recommit sends a bill back to committee, often as a last-ditch attempt to stop it.

Yes 48% No 52%
Showing a quick cross-section of legislators, with followed members first when available.
06 · Go deeper

Go deeper than the headline read.

Included on this page

Progressives emphasize chilling effects on medical care and access.

Content is legally implementable but politically charged; passage depends heavily on overcoming Senate hurdles and interbranch/state resist…

Unlocked analysis

Relative to its intended legislative type, this bill is a clear substantive statute that imposes duties, penalties, and civil remedies and integrates with several existing provisions of Title 18. It clearly states its p…

Go beyond the headline summary with full stakeholder mapping, legislative design analysis, passage barriers, and lens-by-lens tradeoff breakdowns.

Perspective breakdownsPassage barriersLegislative design reviewStakeholder impact map
Open full analysis