Wagner, Scalise, Cammack Introduce Born Alive Abortion Survivors Protection Act

For Immed­iate Release
January 9, 2023



Arthur Bryant 202-225-1621


Washington, D.C.  –  Today, Representative Ann Wagner (R-MO) announced the reintroduction of the Born-Alive Abortion Survivors Protection Act, with House Majority Leader Steve Scalise (R-LA), and Representative Kat Cammack (R-FL) joining as original cosponsors. The Born-Alive Act ensures that infants born alive after an attempted abortion receive the same protection of law and degree of care as any newborn.


Congresswoman Ann Wagner: “All children should have the right to receive lifesaving care, especially those who survive an abortion.  The Born-Alive Abortion Survivors Protection Act will provide commonsense protections for innocent children and their mothers and will ensure all babies receive the essential care they need at an incredibly vulnerable moment.  It pains me that this fight has to be fought at all, but medical care for babies should not be a partisan issue.  Now, with Republicans in the Majority, the House will finally take action and vote to protect the fundamental right to life.”


House Majority Leader Steve Scalise: “On the first day of the 118th Congress, I am proud that Republicans are following through on the promises that we made to the American people. All life is sacred and must be protected. Congresswoman Wagner’s legislation will give babies born alive during an abortion the necessary, lifesaving medical care that any other baby would receive to give them the best chance at life.  It is appalling that for the last four years, Democrats refused to hold a vote on the Born-Alive Abortion Survivors Protection Act. Republicans are committed to defending life and doing everything in our power to keep babies who survive an abortion alive.”


Congresswoman Kat Cammack, Co-Chair of the House Pro-Life Caucus: “The Born-Alive Abortion Survivors Protection Act is a key part of Republicans’ promise to the American people to uphold the value and sanctity of life.  Over the last four years, the Democrat-controlled House has failed to vote on this bill, and we’re ready to change this, ensuring that babies born alive during abortion procedures receive the lifesaving care they deserve. All life is sacred and I’m honored to join with Majority Leader Scalise and Rep. Wagner in making this statement so early in this Congress.”


Supporting Organizations

Hon. Marilyn Musgrave, SBA Pro-Life America’s vice president of government affairs: “The Born-Alive Abortion Survivors Protection Act showcases the barbaric reality of late-term abortion and ensures that babies who are born alive during a failed abortion receive the same medical care as any other baby born prematurely at the same age. As Democrats in Congress continue to push their radical agenda of abortion on demand until birth, we thank Representatives Ann Wagner, Steve Scalise, and Kat Cammack for their tireless fight for children- born and unborn.”


Carol Tobias, President, National Right to Life:  “National Right to Life commends Reps. Wagner, Scalise, and Cammack for reintroducing the Born Alive Abortion Survivors Protection Act. This reasonable legislation would protect a baby born alive following an abortion. This bill isn’t about interfering with a so-called right to abortion. It is about stopping infanticide. Congress must act now to pass this legislation and protect these vulnerable babies.”


Jessica Anderson, Executive Director, Heritage Action: “The Born-Alive Survivors Protection Act is non-controversial legislation. A baby’s right to life and medical care does not change because he or she was born in an abortion clinic instead of a delivery room. It would require that appropriate medical care be given to any child who survived an attempted abortion and that the child be transported and admitted to a hospital. We commend House members for introducing and demanding votes on this important legislation and encourage all Members to support.”


Timothy R. Head, Executive Director, Faith & Freedom Coalition: “On behalf of the over 2.5 million members of the Faith & Freedom Coalition, I applaud Rep. Ann Wagner for reintroducing the Born-Alive Abortion Survivors Protection Act. This commonsense bill would simply require that a child born alive after an attempted abortion receive appropriate medical treatment and be transferred to a hospital—the same as would be done for any other human being at the same level of development. It is truly a reasonable and ethical approach to how we, as a nation, should expect that any innocent human beings would be treated in a medical setting.”


Kristan Hawkins, President, Students for Life Action: “The extremism of the Democratic Party leadership and the abortion lobby in opposing an end to infanticide shows how out of step they are with most Americans. It’s inhumane to stand by while children are allowed to die even as they survive an abortion, and we have the voices of those who have survived that horrific gauntlet allowing us to see the life and death stakes.  This is long overdue and represents a place to begin in this new year, and the Pro-Life Generation calls on Congress to finally end this human rights atrocity. Ending infanticide should be a place of bi-partisan agreement.”


Melissa Ohden, Founder and CEO, Abortion Survivors Network: “On behalf of the Abortion Survivors Network and the tens of thousands of abortion survivors and their families, we applaud Congresswoman Wagner’s leadership in ensuring infants like me, and countless others are guaranteed medical care and legal protections when abortions fail and life wins. This legislation will save lives. The Abortion Survivors Network is committed to serving survivors of abortion at any gestational age, along with their mothers, who deserve compassionate prenatal and postpartum care, a delivery plan, and emotional support.  Let us work together to ensure that infant survivors and their mothers receive the best medical and emotional care possible. We are proud to stand with Congresswoman Wagner in support of this legislation.”


Brent Leatherwood, President, Ethics and Religious Liberty Commission: “It is to our nation’s great shame that this bill, requiring medical professionals provide the necessary aid to a dying child, even has to be proposed. And, even more so, that it has been done so in successive sessions of Congress without being passed. We speak proudly of how advanced our society is, yet we have not even been able to achieve consensus that medical care should be given to the survivor of an attempt on his or her life by an abortionist. This is an injustice that should have long ago been corrected. In the new post-Roe era we now live, it would be a welcome first step towards establishing a true culture of life in our laws to see this legislation affirmed quickly by overwhelming majorities.”


Craig DeRoche, President and CEO of Family Policy Alliance: “It is barbaric to end the life of a child born alive following a failed abortion. That’s why we are thrilled that Representatives Wagner, Scalise and Cammack are reintroducing this humane solution. The Born Alive Abortion Survivors Protection Act is a must-pass piece of legislation for the 118th Congress as we establish necessary protections for these vulnerable newborns.”


Penny Nance, CEO and President of Concerned Women for America:  “Babies born alive after abortion deserve medical care and humane treatment to recover from the trauma of the attempt to end their lives.  Radical, pro-abortion extremists claim that these surviving babies are not worth saving and refuse to give them protections in law.netco Today, a survivor’s care is subject to the whims of whoever is carrying out the abortion. This Act would ensure that babies born alive are treated on the same terms as any other human being.”


Coalition for Jewish Values: “We are proud to support this simple, common sense protection for an independent human being. Every American who recognizes the value of human life should support protection for an infant, even if born as the result of an abortion.”



Background on the Born-Alive Abortion Survivors Protection Act:


  1. Requires that health care practitioners who are present at the live birth exercise skill, care, and diligence to preserve the life and health of the child—the same degree of care that would be offered to any other child born prematurely of the same gestational age. After those efforts, the health care workers must transport and admit the child to a hospital.
  2. Requires health care practitioners and hospital employees to report violations to law enforcement authorities, reducing the number of born-alive abortions that go unreported.
  3. Penalizes the intentional killing of a born-alive child through fines or up to 5 years imprisonment.
  4. Gives the mother of the abortion survivor a civil cause of action against the abortionist and protection from prosecution, recognizing that women are the second victims of abortion and promoting the dignity of motherhood.