Congress Proposes Five-Year Prison Sentences for Doctors Failing to Care for Infants Born After Abortions

Healthcare practitioners who fail to provide the required standard of care to infants born alive after an abortion could face up to 5 years in prison and fines. Anyone who intentionally kills such an infant would face murder charges. These are new federal criminal penalties that could result in criminal records for healthcare workers convicted under this law.

The bill explicitly protects women from prosecution — they cannot be charged under this law for any violation. However, it creates a new civil right to sue medical providers if proper care isn't given to an infant born alive after an attempted abortion, including triple damages and emotional distress claims. This could indirectly affect the availability of late-term abortion services if providers become more cautious or refuse to perform procedures due to fear of criminal or civil liability.

Women with serious health conditions who seek late-term abortions for medical reasons could be indirectly affected if providers become reluctant to perform these procedures due to new criminal penalties and civil liability. While the bill targets provider behavior rather than patients, access to complex reproductive healthcare could narrow in some areas.