Revised Language

Revisions to H.R. 36, the “Pain-Capable Unborn Child Protection Act”

  • Born Alive Infant Protections include requiring a second physician be present to provide care to the born alive baby, and that babies born alive are transported to a hospital. These requirements ensure that a child born alive is given the same type of care that any other preemie would receive.
  • An Informed Consent Form including the age of the child; a description of the law; an explanation that if the baby is born alive, he or she will be given medical assistance and transported to a hospital; and information about the woman’s legal if these protections are not followed. Women deserve this information.
  • The woman is empowered with a Civil Right of Action against abortion providers who fail to comply with the law. Parents are also given a civil right of action if the law is not followed with regard to their minor daughter.
  • Sexual assault reporting to law enforcement is no longer mandatory.
  • In the case of a minor who is pregnant as a result of rape or incest and is having an abortion after the beginning of the 6th month of pregnancy, the abortion provider must notify either social services, or law enforcement to ensure the safety of the child and stop any ongoing abuse.
  • In the case of an adult who is pregnant as a result of a sexual assault and is having an abortion after the beginning of the 6th month, the provider must ensure that she has received medical treatment or counseling at least 48 hours prior to the abortion.
  • Compliance with State Laws including parental involvement requirements, and state reporting requirements is required.
  • The National Center for Health Statistics will issue an Annual Statistical Report (without personally identifying information) providing statistical information about abortions carried out after the beginning of the 6th month of pregnancy.

Download the one pager here.

View full text of H.R. 36 here.

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