Missouri House passes bill to protect abortion survivors

Lawmakers in the Missouri House have passed legislation that would protect babies born alive during attempted abortions, and would also allow lawsuits against anyone assisting with illegal chemical abortions. 

Key Takeaways:

• Missouri's Born Alive Abortion Survivors Act (HB 1667) seeks to ensure that a baby born alive during the process of an abortion will receive the same life-saving care as any other child.

• Those in violation who commit any "overt act" that kills an abortion survivor will be considered "guilty of first-degree murder."

• The bill also allows civil lawsuits against anyone who assists with or helps to facilitate an illegal chemical abortion.

• The bill passed the House and next heads to the Senate.

The Details:

The Born Alive Abortion Survivors Act (HB 1667) seeks to ensure that a baby born alive following an abortion will receive the same life-saving care as any other baby born alive. The bill mandates that healthcare professionals present at such an event “exercise the same degree of professional skill, care and diligence to preserve the life and health of the child,” and that the baby be transported immediately to a hospital for care.

According to the bill:

"a child born alive during or after an abortion or attempted abortion shall have the same rights, privileges, and immunities as any other person, citizen, and resident of Missouri, including any other live-born child."

The bill also enacts serious penalties for those who witness violations and fail to report them, as well as for those who commit infanticide (emphases added):

Health care providers or employees of a hospital, physician's office, or abortion clinic who have knowledge of a violation of the provisions of this bill are required to immediately report the violation to an appropriate law enforcement agency, and anyone who fails to do so will be punished upon conviction by no more than five years' imprisonment, by a fine ranging from $2,500 to $10,000, or by both imprisonment and fine. Additionally, any person who intentionally performs or attempts to perform an overt act that kills a child born alive, as specified in the provisions of this bill, is guilty of first degree murder.

Additionally, civil lawsuits can be filed against anyone who:

“knowingly, recklessly, or negligently supplies or makes available any instrument, device, medicine, drug or any other means or substance for another person to undergo a self-induced abortion or attempted self-induced abortion or to procure an unlawful abortion or attempted unlawful abortion.” 

“This is a very important step to encouraging life and having a culture of life in the state of Missouri," said the bill's sponsor, Rep. Brian Seitz.

The bill passed with a vote of 103 to 40, and next heads to the Senate for consideration.

Zoom In:

Abortion is currently legal in Missouri, due to voters' approval of Amendment 3 in November 2024, which enshrined the "right" to abortion in the state's constitution. However, lawmakers have petitioned to have another constitutional amendment on the ballot this November, which would repeal the pro-abortion Amendment 3.

According to the Missouri Independent, the civil liability portion of the bill "rais[es] questions about potential implications on medication [abortion pill] abortions, especially if Missourians vote to reinstate an abortion ban later this year."

The news outlet continued:

"Asked Thursday morning if the legislation, if implemented under an abortion ban, would apply to an out-of-state provider who prescribes medication abortion to a Missouri woman who then completes the abortion, for example, Seitz told The Independent: 'that’s going to be something for the courts to decide.'

'This is still being litigated,' he said. 'There’s no absolute clarity.'"

Currently, multiple pro-abortion states have enacted "shield laws" protecting abortionists within their states who mail abortion pills into states where it is illegal. This has led to a great deal of back-and-forth legal wrangling.

The Big Picture:

There is no way to accurately tell how many babies are born alive during the abortions meant to end their lives, as abortion reporting is not universally mandated (nor is it in the abortion industry's interest to advertise those numbers). However, in 2023, the Abortion Survivors Network released data showing that for every 1,000 abortions committed, 2.1 children likely survive.

Inhuman: Undercover in America's Late-Term Abortion Industry - Washington, D.C.

A study out of Canada found that an astonishing 11.2% of second-trimester abortions committed in Quebec between 1989 and 2021 resulted in live births. Live Action News has previously shared statistics regarding children born alive in both Florida and Minnesota, while Live Action's Face to Face video series featured the stories of abortion survivors.

Because the intention of abortion is a dead baby, surviving the procedure has been referred to as “the dreaded complication.” Abortion workers have been known to leave children to die rather than provide them with the medical care they deserve.

The Bottom Line:

Every infant born alive after an abortion deserves the full protection of the law. A bill protecting them respects those babies and ensures they have a chance at surviving.