Born Alive Infant Protection
H.B. 5994-5998 / S.B. 1270-1274
Reps. Patterson, Birkholz, Kuipers, Vander Veen, Bovin
Sens. Garcia, Gougeon, McCotter, Bennett, Miller
Current Status
These pacakages of bills were introduced to address cases where
failed late term abortions result in children born alive. The
legislation ensures that newborns are afforded all of the rights
of legal personhood including life-sustaining treatment or humane
comfort care for those too young to survive. The bills provide
guidelines for doctors on how to treat these children as well
as punishment for doctors who fail to provide treatment. Immunity
from the law is provided to the mother and the bills allow these
children to be surrendered under the Safe
Haven Delivery Act so that they can be quickly adopted by
a loving family.
The House package was
introduced on 5/01/02 and referred to the Family & Children
Services Committee. A hearing was held on 5/07/02 and the bills
were passed out unanimously by pro-life and pro-choice advocates
alike on 5/09/02. The bills were passed by the full House with
up to 93 votes on 5/23/02 and sent to the Senate where they were
referred to the Committee on Families, Mental Health, & Human
Services. On 12/11/02 the committee reported the package favorably
with amendments. The five bill package passed the Senate
with up to 22 votes on 12/12/02. On the same day, the House
concurred in the Senate amendments with over 70 votes. Governor
Engler signed the bills into law on 12/31/02.
History
There have been cases around the country in which children have
survived abortion attempts and then, were left to die. These children
have full rights of personhood under the current law and should
be provided with medical treatment rather than neglected to death.
Sadly, however, this has not been the case. Jill Stanek, a nurse
who used to work in the Chicago-area Christ Hospital, brought
this atrocity to national attention through her personal witness.
Nurse Stanek testified in front of the U.S. Congress that she
and her colleagues witnessed many cases where children were left
to die in soiled linen closets and on cold metal scales. She once
held an aborted child for close to an hour while he died because
the hospital refused to treat him.
When the Michigan Department of Community Health abortion report
came out stating that in the year 2000 in Michigan, there were
18 reported abortions in which the child showed "signs of
life," legislators began to realize this phenomena was not
something happening just in Illinois. The information prompted
legislators to question whether abortion survivors may be mistreated
in Michigan and they introduced a package of bills to address
such cases.
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