Missouri Governor Mike Kehoe signs bill to protect abortion survivors

Missouri Governor Mike Kehoe signed a bill into law on Monday protecting babies who are born alive during attempted abortions.

Key Takeaways:

• Missouri Senate Bill 999, the "Born-Alive Abortion Survivors Protection Act," was signed into law by Governor Mike Kehoe on Monday, July 13.

• The bill carries penalties for those who take actions that lead to the death of a child born alive during or after an abortion. Violators may be prosecuted for first-degree murder.

• Missouri's bill is considered stronger than the federal Born Alive Infants Protection Act, as the federal bill contains no penalties for those who violate the law, and all federal attempts to pass a bill with penalties since 2002 have failed.

The Details:

According to the “Born-Alive Abortion Survivors Protection Act” or Senate Bill (SB) 999, any medical professional who intentionally carries out or attempts an action that leads to the death of a child born alive may be prosecuted for first-degree murder, a charge that carries the possibility of capital punishment.

KZRG noted that "The measure also expands the Pregnancy-Associated Mortality Review Board and directs it to monitor maternal deaths in maternity care deserts."

The bill stipulates that any baby delivered alive after an abortion or attempted abortion procedure “shall have the same rights, privileges, and immunities as any other person, citizen, and resident in Missouri.” 

The bill also states:

Any licensed, registered, or certified health care provider present in the provider's professional capacity at the time a child is born alive during or after an abortion or attempted abortion shall exercise the same degree of professional skill, care, and diligence to preserve the life, health, and comfort of the child as a reasonably diligent and conscientious provider would render to any other child born alive at the same gestational age. Any person who knowingly performs or attempts to perform an overt act that kills a child born alive shall be guilty of first-degree murder.

A previous draft of the measure permitted legal action against individuals connected to unlawful abortions, including cases of self-managed procedures, should abortion become illegal again in Missouri. Those provisions were removed after Senate Democrats convinced the bill’s sponsor, Republican State Sen. Brad Hudson of Cape Fair, to drop the liability language and incorporate initiatives addressing protections for vulnerable individuals, the Missouri Independent reported. 

Supporters of SB 999 have posited that the present federal Born-Alive Infants Protection Act of 2002 does not provide sufficient safeguards for such infants. 

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The 2002 Act, while stating that a child who is born has the same rights as any other child, contains no penalties for those who break the law. Subsequent laws seeking to add penalties have repeatedly failed to pass.

The Response:

In response to the signing of the bill, Missouri Right to Life declared: 

Missouri Right to Life extends our deepest gratitude to Governor Mike Kehoe for signing Senate Bill 999, which includes the Born-Alive Abortion Survivors Protection Act. We also extend our sincere thanks to Senator Brad Hudson, Representative Brian Seitz, and Representative Holly Jones for their diligent work in guiding this legislation through the House and Senate. The most vulnerable among us deserve every opportunity to thrive. This legislation ensures that babies who survive attempted abortions receive the same level of medical care as any other newborn, giving them the chance at life every child deserves. 

The legislation’s passage has shown that Missouri lawmakers are willing to codify explicit legal safeguards for babies who survive abortion attempts. When a child is delivered alive even after a failed abortion attempt, the medical team’s first duty should to preserve life and provide care.

The Bottom Line:

Missouri defining live-born infants as fully protected persons is a long-overdue acknowledgment that every child born alive should be regarded with dignity and care. In light of this, born-alive measures remain a powerful rallying point for pro-life advocates to remind others that protecting children should not be conditional based upon whether that child was 'wanted' by his or her parents.