WASHINGTON (BP) – The U.S. House of Representatives has passed the “Born-Alive Abortion Survivors Protection Act,” a bill aimed at protecting newborn babies that survive attempted abortions. The bill was endorsed by the SBC’s Ethics & Religious Liberty Commission (ERLC).
The bill, which passed the House Thursday (Jan. 23) with a vote of 217 to 204, would amend current law by adding specific protections for newborn infants and requiring medical professionals to provide these protections. Only one House Democrat voted in favor of the bill.
The bill was also introduced Jan. 15 in the Senate by Oklahoma Sen. James Lankford, a Southern Baptist. A Wednesday (Jan. 22) Senate vote blocked the legislation by failing to invoke cloture, which is the closing of legislative filibuster or debate.
The cloture vote was lost 52 to 47 with one senator not voting and all Democratic senators voting against advancing the bill to a final vote. Invoking cloture requires 60 affirmative votes.
The bill was introduced Jan. 9 in the House by representative Ann Wagner (R-Mo.). Votes in both legislative bodies were purposely timed for the week of the annual March for Life, which took place today (Jan. 24).
Because the legislation was essentially blocked in the Senate, no more action is expected on the bill. A previous version of the recent “Born-Alive Act” passed the House in 2023 but did not become law.
Southern Baptist leaders are thankful for the bill’s passage in the House but are deeply saddened it was blocked in the Senate.
“It is a reprehensible reality that a child who survives an attempted abortion in this nation is not guaranteed life-saving medical care,” ERLC President Brent Leatherwood said.
“The ‘Born Alive Abortion Survivors Protection Act’, is a piece of commonsense legislation that would close one of the massive gaps in our legal protections for children. This bill appeals to the consciences of Americans in both parties, and we’re glad to see it successfully pass the House. We will continue to advocate for eventual full passage of this legislation, moving us closer to the day when we achieve a true culture of life in this country.”
Lankford voiced a similar sentiment.
“I am disappointed that every Senate Democrat voted against my ‘Born-Alive Abortion Survivors Protection Act’, making something that should be common sense, completely partisan for the first time,” Lankford said in a post on X. “This bill is straightforward and would save lives. I believe every life is valuable and that no one is disposable.”
Lankford said he hoped the bill would save newborn lives and help to build a culture of life in the nation.
“No child should be denied medical care simply because they are ‘unwanted,’” he said in a press release before the Senate vote.
“Today, if an abortion procedure fails and a child is born alive, doctors can just ignore the crying baby on the table and watch them slowly die of neglect. That’s not an abortion, that’s infanticide.”
While limited data is available about newborns who survive failed abortions, Lankford explained this is because only a handful of states keep track of such information. He said over the course of several years in those states, there have been more than 200 such examples recorded of babies being born alive and showing signs of life after an attempted abortion.
In addition to the ERLC, the bill was also endorsed by many other pro-life organizations such as National Right to Life, March for Life Action, Susan B. Anthony Pro-Life America, Alliance Defending Freedom and Focus on the Family.
Congress has a long history of taking steps toward addressing this issue.
In 2002, Congress passed the ‘Born-Alive Infants Protection Act,’ which codified into law that a newborn baby, regardless of the circumstances of his or her birth, is to be legally recognized as a person from the moment of birth if he or she shows any sign of life.
However, the legislation did not provide any mechanisms to enforce the law and ensure children who remained alive after a failed abortion were provided adequate care.
The 2025 version of the bill would add specific amendments to current law aimed to protect newborns after failed abortions. Those amendments include clear expectations of care for newborns, hospital transfer requirements, mandatory reporting, private rights of action for mothers and criminal penalties for health care professionals who violate the law.
Violators of the law could receive a fine or imprisonment up to five years.
Senate Democrats argued the law is unnecessary since these children are already legally recognized as a person under current law, despite the lack of enforcement mechanisms to ensure their lives are protected.
Supporters of the bill explained the legislation is necessary because existing protections for these children are not always being enforced.
After Thursday’s House vote on the bill, Lankford hosted a press conference talking about the bill and welcomed a survivor of a botched abortion to share about her life story and pro-life advocacy.
ERLC staff including Vice President Miles Mullin and Church Engagement Strategist Dan Darling attended the press conference.
This year’s March for Life takes place Friday (Jan. 24).
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