Bill > S00577

This bill establishes the "Born Alive Abortion Survivors' Protection Act," which requires healthcare practitioners present at the birth of a child during an abortion or attempted abortion procedure to provide the same level of medical care and attention they would give to any other child born at the same gestational age. Specifically, the bill mandates that practitioners must preserve the life and health of the born-alive child and immediately transport them to a hospital. Healthcare professionals who are aware of a failure to comply with these requirements must report such failures to law enforcement, with violations constituting a class A misdemeanor. The bill also establishes criminal penalties for intentionally killing a child born alive during an abortion procedure, referencing existing penal law sections. Importantly, the birthing parent cannot be prosecuted under this law. Additionally, the bill provides a civil remedy allowing the birthing parent to seek damages, including actual, statutory, and punitive damages, against anyone who violates the provisions. The bill defines key terms such as "attempt" and "born alive" and includes provisions for attorneys' fees in civil actions. The legislation takes effect immediately upon passage.

Health and Social Services

https://www.nysenate.gov/legislation/bills/2025/S577