Born Alive Infant Protection Act of 2002

H.B. 5994 of 2002

P.A. 687 of 2002

MCL 333.1071-1073

Sponsor: Rep. Bruce Patterson

H.B. 5995 of 2002

P.A. 688 of 2002

MCL 712.3

Sponsor: Rep. Patricia Birkholz

H.B. 5996 of 2002

P.A. 689 of 2002

MCL 750.135

Sponsor: Rep. Wayne Kuipers

H.B. 5997 of 2002

P.A. 690 of 2002

MCL 722.628

Sponsor: Rep. Barb VanderVeen

H.B. 5998 of 2002

P.A. 691 of 2002

MCL 333.2822, 2843

Sponsor: Rep. Doug Bovin

Effective Date: March 31, 2003

The law already establishes that personhood begins at the moment that a child draws the first breath. From the moment of birth, children must be provided with all the rights of personhood. However, children who survive failed abortions are not always given the medical treatment they need. There were cases across the country in which these children were simply left to die. According to the Michigan Department of Community Health, 18 children showed signs of life after abortions that were performed in this state in the year 2000. The treatment of these children is unknown, but this legislation makes sure that Michigan babies who are born alive receive the treatment they need.

This legislation requires abortion clinics to call 911 and abortionists in hospital settings to call another doctor to care for a child who survives an abortion attempt and is born alive. These children must be provided with proper medical treatment. In many cases, the children will not be able to be saved, but the bills require that comfort care be provided during these last moments of life. Penalties have been laid out for those physicians who fail to follow this procedure. The bills tie into the current Safe Delivery Law which will allow mothers to surrender their parental rights so that surviving children can be quickly adopted by a loving family. Surrendering mothers and abortionists will not be prosecuted by these bills so that they will not be discouraged from reporting cases in which children are born alive. Specifications regarding birth and, when needed, death certificates are also included in the bills. When doctors are unable to save the baby, dignified burial procedures have been required for the child. The bills maintain the confidentiality of the surrendering parents and the child.

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