FRC Map Shows Only 16 States Offer Strong Protections for Born-Alive Infants after Abortion

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WASHINGTON, D.C. -- Several state legislatures are considering stronger "born-alive" protections, after Family Research Council released a set of online, interactive maps last fall showing the status of pro-life laws in the states, including those that protect infants born alive after surviving botched abortions. West Virginia recently passed a bill into law that took the state from the category of "no protections" to "strong protections" on FRC's map, with all Republicans and 49 out of 55 Democrats in the West Virginia legislature voting for the bill. Currently, bills to strengthen protections for born-alive abortion survivors are pending in Kentucky, Ohio, and Wyoming. Yet, due to almost exclusively Democrat opposition, repeated attempts to pass legislation to protect born alive abortion survivors have failed in the U.S. House and Senate during this Congress.

Research compiled by FRC staff reveals the following:

  • Sixteen states have the three elements of strong born-alive protections that are present in the Born Alive Abortion Survivors Protection Act. The other 34 states do not adequately protect born alive abortion survivors.
  • Over 300 cases have been documented where infants have been born alive after an abortion attempt, putting to rest the claims that this never happens, and that current laws offer adequate protection.
  • Thirteen states have no protections for born alive abortion survivors, including Illinois and New York, which repealed born-alive protections in 2019.

Connor Semelsberger, FRC's Legislative Assistant for Pro-Life Issues, said: "The widespread support for born-alive protections in the West Virginia Legislature shows just how out of touch Democrats inside the beltway really are. This bill passed with near unanimous support, providing proof that protecting infants who survive abortion does not need to be a partisan issue. These infant-patients deserve at least a fighting chance at life," concluded Semelsberger.

Patrina Mosley, FRC's Director of Life, Culture, and Women's Advocacy, and who testified before the Senate Judiciary Committee last month on the bill, added: "West Virginia is the first state to go from 'no protections' to 'strong protections' for infants who survive abortion. This is a strong sign that Americans have been energized by this issue and are letting their representatives know that leaving babies out to die is unacceptable."

For more information on the need to protect born alive abortion survivors, click here.