Pro-life group says proposed Maryland bill could legalize infanticide

A new bill introduced into the Maryland legislature would essentially legalize infanticide, says a pro-life group.

Key Takeaways:

• Current federal law defines any infant born alive, even after an attempted abortion, as a legal person deserving of the same protections as any other living person.

• Maryland House Bill 1131 would bar any investigation into "pregnancy loss," essentially barring police from investigating if an abortion survivor were left to die, claims Maryland Right to Life.

• Abortion activists often falsely claim that survivors of abortion receive legal protection, but existing law typically contains no actual penalties for leaving a baby to die after an abortion.

The Details:

Maryland Right to Life reported the details of HB 1131, which it says effectively legalizes post-abortion infanticide. The text of the bill reads:

This bill prohibits an individual who experienced “pregnancy loss” from being subject to investigation, civil liability, or criminal prosecution for the loss unless

(1) there is independent evidence of criminal conduct unrelated to the pregnancy or pregnancy loss or

(2) an “investigating entity” obtains consent of the individual that experienced the loss to investigate suspected criminal conduct of another person related to the pregnancy or pregnancy loss.

Additionally, a “provider” acting within their scope of practice may not be subject to investigation, civil liability, or criminal penalty for supporting a patient experiencing a pregnancy loss or after a pregnancy loss. A provider may not report a pregnancy loss or disclose any portion of a medical record related to a pregnancy loss unless

(1) there is clear evidence of external abuse or coercion related to the pregnancy loss;

(2) there is independent evidence of criminal conduct unrelated to the pregnancy loss; or

(3) the provider first obtains the consent of the individual that experienced the pregnancy loss. The bill also establishes penalties for a violation of the bill.

So both expectant mothers and abortionists would, as the text explained, be shielded from prosecution after a "pregnancy loss." If a baby survived an attempted abortion and was left to die, rather than receive life-saving medical care, might authorities be powerless to investigate?

“This bill is not about protecting existing rights, but about actively stripping away the state's current ability to protect newborns," Laura Bogley, J.D., Executive Director of Maryland Right to Life, testified at the House of Delegates Judiciary Committee hearing on Thursday. "This bill would formalize a ‘zone of lawlessness’ where a child’s right to life depends entirely on the mother’s intent, even after the child is outside the womb."

Why It Matters:

Abortion activists will excuse legislation like this by pointing to the federal Born Alive Infant Protection Act, claiming abortion survivors are already entitled to legal protection. This, however, isn't entirely true. While the federal law does state that abortion survivors are persons with full citizenship, and thus are entitled to full protection under the law, it does not contain penalties for breaking the law, nor does it require any kind of medical care for these infants.

Abortion survivors are not a myth; babies do survive attempted abortions.

Data from the Centers for Disease Control and Prevention (CDC) has revealed that over the course of 12 years, over 100 infants survived for at least a short time after abortions. A Minnesota abortion report likewise revealed that five children were born alive during abortions in that state in 2021 alone, with none of them being given medical care. In other words, they were all left to die.

Another report found that over 100 babies were born alive following abortions in just five states over 10 years. And while Kermit Gosnell is the most notorious example of an abortionist who allowed abortion survivors to die or actively murdered them, he is far from alone. As Live Action’s Inhuman investigation showed, other abortionists are all too willing to let abortion survivors die:

Inhuman: Undercover in America's Late-Term Abortion Industry - NEW YORK

The Bottom Line:

This is exactly why abortion survivors need legal protection. An abortionist whose only goal was to kill that preborn baby cannot be trusted to then turn around and try to save their life should they miraculously survive.