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Protecting the Right to Life: Understanding the Born Alive Act

Legal Protections and Controversies Surrounding Infants Born Alive After Failed Abortions

By santhosh viswanathanPublished 3 years ago 3 min read

The Born Alive Act is a federal law that defines a "born-alive infant" as an individual who has fully exited the mother's body and shows any evidence of life, including breathing, a heartbeat, umbilical cord pulsation, or definite movement of voluntary muscles. It requires that any such infant must be given the same degree of care as any other newborn, regardless of the circumstances of its birth, whether it's the result of an attempted abortion or a live birth.

The act also includes several provisions to ensure that the rights and well-being of born-alive infants are protected. These include:

A requirement for health care providers to provide medical treatment and transportation to a hospital for any born-alive infant

A requirement for the infant to be given a birth certificate and a social security number

Reporting requirements for health care providers who attend to a born-alive infant

Criminal penalties for any individual who intentionally kills or harms a born-alive infant.

Supporters of the Born Alive Act argue that it is necessary to protect the rights and well-being of infants who are born alive after a failed abortion. They argue that these infants are legal persons and deserve the same rights and protections as any other newborn, regardless of the circumstances of their birth.

Some supporters argue that the act is necessary to ensure that medical professionals provide appropriate care to born-alive infants, and that it holds them accountable for any failure to do so. They believe that the act will help to prevent infants from being left to die or intentionally killed in the event of a failed abortion.

Additionally, supporters of the act argue that it is a moral imperative to protect the life of every human being, and that the act is necessary to uphold the sanctity of life. They see it as a way to ensure that infants are treated with the respect and dignity they deserve, regardless of their origin.

Some supporters also argue that the act serves as a reminder that abortion is not a trivial matter and has real-life consequences, and that it helps to ensure that the rights and well-being of the most vulnerable members of society are protected.

Opponents of the Born Alive Act argue that it is unnecessary and potentially harmful legislation. Some argue that the act is a politically motivated attempt to restrict access to abortion and chip away at a woman's right to obtain one. They argue that the act is based on the false premise that infants are regularly born alive after failed abortions, which is not supported by medical evidence.

Opponents also argue that the act is a solution in search of a problem, as there are already existing laws that protect infants and criminalize infanticide. They see the act as a political move rather than a real solution to a real problem.

Some opponents argue that the act is medically unnecessary, as health care professionals are already bound by a duty to provide care to all newborns, regardless of the circumstances of their birth. They see the act as an infringement on the autonomy of health care professionals and a potential obstacle to providing appropriate care in emergency situations.

Additionally, opponents of the act argue that it could lead to criminalizing medical professionals who provide abortions, and that it could also lead to a lack of access to safe abortion services. They see it as a way to intimidate and criminalize abortion providers, rather than as a way to protect infants.

Hence the protection of infants' rights is an important ethical and moral issue and the Born Alive Act serves as a legal tool to ensure that these rights are upheld, it's a way to ensure that every human life is valued and respected.

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