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New York · 2025-2026 General Assembly
A02195Relates to establishing the born alive abortion survivors' protection act that places requirements on health care practitioners present at the time a child is born alive during an abortion.
Direction
Abortionbans gestational limitsAI label
↓Restricts abortion accessmodel confidence 80%
Requires practitioners to provide life-saving care to infants born alive after an abortion or attempted abortion at any gestational age, and imposes criminal penalties for intentionally killing such infants, so less legal access to abortion after viability or in cases of live birth.
Any health care practitioner present at the time the child is born alive during an abortion or attempted abortion procedure shall: (a) exercise the same degree of professional skill, care, and diligence to preserve the life and health of the child as a reasonably diligent and conscientious health care practitioner would render to any other child born alive at the same gestational age;
✓ Quote verified word for word in the bill text
AbortionexceptionsAI label
=No change to abortion accessmodel confidence 60%
Creates a specific framework for care of infants born alive during abortion procedures, including reporting requirements and civil remedies, but does not alter existing gestational limits or exceptions for the abortion itself.
The mother of a child born alive described under subdivision one of this section may not be prosecuted for a violation of this section, an attempt to violate this section, a conspiracy to violate this section, or an offense under subdivision two or three of this section based on such a violation.
✓ Quote verified word for word in the bill text
Abortionprovider clinic regulationAI label
↓Restricts abortion accessmodel confidence 75%
Imposes new duties on health care practitioners present during abortions resulting in live birth (to preserve life, transport to hospital, and report violations), with misdemeanor penalties for noncompliance and civil liability, so more regulation of abortion providers.
A health care practitioner licensed, certified, or authorized under title eight of the education law, acting within such health care practitioner's lawful scope of practice, who has knowledge of a failure to comply with the requirements of subdivision one of this section shall immediately report the failure to an appropriate state or federal law enforcement agency, or to both. A violation of this subdivision is a class A misdemeanor.
Why the model tagged it this way: The bill adds requirements for care of infants born alive during abortion procedures, with criminal penalties for killing them and civil remedies, which is a common form of abortion regulation that effectively restricts access in late-term or failed-abortion scenarios; it does not change gestational limits, exceptions, or other abortion rules directly.
Related bills
S08807Specifies that professional liability insurance insurers cannot deny coverage or increase rates solely based on legal use or prescription of↑Expands abortion access↑Expands abortion access Law
S04468Expands the definition of "family leave" to include persons recovering from a pregnancy loss.↑Expands abortion access↑Expands abortion access Died (session ended)
A05319Expands the definition of "family leave" to include persons recovering from a pregnancy loss.↑Expands abortion access↑Expands abortion access Died (session ended)
A03694Ensures that women seeking an abortion receive an ultrasound and the opportunity to review the ultrasound before giving informed consent to ↓Restricts abortion access↓Restricts abortion access Died (session ended)