Relates to establishing the born alive abortion survivors' protection to require any health care practitioner present at the time the child is born alive during an abortion or attempted abortion procedure to exercise the same degree of professional skill, care, and diligence to preserve the life and health of the child as a reasonably diligent and conscientious health care practitioner would render to any other child born alive at the same gestational age; and follow the exercise of skill, care, and diligence and ensure that the child born alive is immediately transported and admitted to a hospital.
S00577 would add a new section to New York’s Public Health Law creating the “born alive abortion survivors’ protection act.” The bill requires any health care practitioner present when a child is born alive during an abortion or attempted abortion to use the same degree of professional skill, care, and diligence that would be used for any other child born alive at the same gestational age. It also requires the practitioner to ensure the child is immediately transported to and admitted to a hospital after those efforts are made.
The bill further requires licensed health care practitioners who know of a failure to comply to report it to law enforcement, makes failure to report a class A misdemeanor, and states that a person who intentionally kills or attempts to kill a child born alive in these circumstances is subject to prosecution under existing homicide or attempt statutes. It also bars prosecution of the birthing parent under this section and creates a civil cause of action for the birthing parent, including actual damages, treble statutory damages tied to the abortion cost, punitive damages, and attorneys’ fees.
If enacted, the bill would expand New York public health law by imposing specific duties on medical professionals in the rare event of a live birth during an abortion or attempted abortion, and by creating new reporting, criminal, and civil liability provisions. It would also incorporate existing Penal Law homicide and attempt provisions by reference for intentional acts that kill or attempt to kill a child born alive, while expressly shielding the birthing parent from prosecution under the new section. The measure would affect abortion providers, other licensed health care practitioners, hospitals, and patients by creating mandatory care standards, reporting obligations, and potential damages exposure.
The bill text and available context indicate a strongly protective, anti-abandonment framing focused on newborn survival and accountability, with no recorded committee debate or votes in the provided materials. Because there are no transcripts or vote results, there is no documented legislative consensus or opposition in the supplied record. Based on the bill’s structure, supporters would likely view it as a safeguard for infants born alive during abortion procedures, while opponents would likely see it as an abortion-restriction measure with criminal and civil enforcement provisions.
The main points of contention are likely to be the bill’s application to abortion care, the mandatory reporting requirement, and the creation of criminal and civil penalties. Supporters would emphasize the duty to preserve life for any child born alive and the need for accountability if care is withheld. Opponents would likely object that the bill could chill medical decision-making, expose providers to prosecution and civil suits, and function as an additional restriction on abortion-related care. The explicit exemption for the birthing parent may reduce one area of concern, but the bill still places significant liability on practitioners and others involved in care.