Virginia lawmakers weigh protections for infants born alive after failed abortions
Abigail Adcox
Virginia lawmakers are set to vote on legislation this week that would require healthcare workers to provide medical care to infants born alive after a failed abortion, a kind of measure that has been proposed in a number of states.
The Virginia House of Delegates will consider H.B. 1795, brought forward by Republican Del. Nicholas Freitas, which would require providers performing the attempted abortion to give an infant who survives the procedure the same level of care as one born at a similar gestational age. Licensed hospitals in the state would also have to come up with protocols to treat any infants born alive after failed abortions.
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Any health provider that does not comply with the proposed law would face felony charges and possibly receive disciplinary action by the state’s board of medicine.
The consideration of the bill comes after efforts led by Gov. Glenn Youngkin (R-VA) to restrict abortion access after 15 weeks of pregnancy were blocked by Democrats in the state Senate.
If the bill passes the House of Delegates, it’s unlikely to move forward in the Democratic-controlled Senate.
It’s one of several abortion measures the Virginia legislature is considering. Republican Del. Karen Greenhalgh has proposed a bill that would impose civil and criminal penalties against any health provider that does not receive informed written consent from a woman prior to abortion. Freitas is also pushing a bill that would allow pregnant women who are driving on Virginia highways to be considered as two passengers in order to travel in the high-occupancy vehicle lane.
Virginia’s Senate is expected to vote on a constitutional amendment proposed by a pair of Democratic lawmakers that would, if adopted, enshrine the right to abortion in the state constitution.
The issue of infants born alive after a failed abortion was thrust into the national abortion debate back in 2019, when Gov. Ralph Northam (D-VA) faced backlash for comments he made during a discussion of abortion.
“So in this particular example, if a mother is in labor, I can tell you exactly what would happen. The infant would be delivered. The infant would be kept comfortable. The infant would be resuscitated, if that’s what the mother and the family desired. And then, a discussion would ensue between the physicians and the mother,” Northam, a pediatric neurosurgeon, said to local news radio station WTOP.
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Abortion opponents pointed to Northam’s comments as a reason why “born-alive” legislation is needed, accusing him of being in favor of infanticide. Northam and his spokesperson denied those claims, saying that the actions he described in his comment would be taken in the case of a nonviable pregnancy or if the infant had major abnormalities.
A growing number of born-alive bills have been proposed in state legislatures and Congress in recent years. Last month, the House of Representatives passed a bill to require healthcare practitioners to provide medical treatment and lifesaving measures for infants born alive after a failed abortion. Montana voters shot down a constitutional amendment last November that would establish similar requirements and impose criminal penalties on health providers.
Abortion rights proponents contend that the bills are unnecessary and that the 2002 Born-Alive Infants Protection Act already guarantees infants’ legal rights.
Data regarding infants born alive after failed abortions are limited. The Centers for Disease Control and Prevention reported that over 93% of abortions nationwide were performed under or at 13 weeks of pregnancy in 2020.