The state Assembly voted unanimously Sept. 23 in favor of a bill that would require doctors to try to keep alive any baby that survives an abortion. The Born Alive Infant Protection Act aims to defuse a potentially controversial campaign issue.
AB 372, authored by Rep. Mark Gundrum, R-New Berlin, and Sen. Mary Lazich, R-New Berlin, established a clear definition of “born alive” and “live birth” for application in all state statutes. The bill says that a child who “draws air into and expels it out of the lungs one or more times” is alive.
It also requires medical rights for babies who are born alive or undergo live birth after a failed abortion to be equal with those who undergo a natural birth.
A similar bill passed on the federal level in 2002 specifying these rights to be upheld in federal facilities. However, it did not cover state clinics. Pro-life supporters said it is important to amend the bill to clarify this point.
“There could be two babies side by side, one premature and one born after a failed abortion. Each should receive equal medical care,” Lazich said.
Although there have been no reported incidents surrounding rights to medical care, Lazich added that it is important to protect babies born in all circumstances.
“The law did not provide these protections so that it does not happen.”
Matt Sande, legislative director for Pro-Life Wisconsin, agrees.
“Whether it is happening or not, it is common sense legislation,” Sande said.
Wisconsin Right to Life is the lead organization promoting the enactment of the Born Alive Infant Protection Act.
“What the Assembly did yesterday is to clearly spell out the legal status of babies who survive abortion so there can no longer be a blurring of the line between abortion and infanticide,” Susan Armacost, legislative director of Wisconsin Right to Life, said. “The long accepted principle that all babies who are born alive are entitled to the full protection of the law has too often been ignored when it comes to babies born alive after abortion.”
Although there is strong support from legislators, some people are concerned with the way the bill was introduced. Legislative Director of Planned Parenthood Chris Taylor said the bill’s drafting file indicates that Wisconsin Right to Life participated in the writing of the bill.
“Why do we have a special interest group writing this bill? That is not supposed to happen,” Taylor said. Planned Parenthood has not taken a position on the Born Alive bill, but staff said they worry about its future implications for abortion legislation in Wisconsin.
“Pro-life strategy is to take small steps to eliminate woman’s right to abortion in any circumstances,” Taylor said. “Anytime we have special interest groups writing legislation, we have concerns about it.”
Although there are disagreements about the motivations behind the bill, the bill does not address abortion or women’s rights to have an abortion, and instead concentrates on the right to medical care.
“Abortion really doesn’t have anything to do with it. Clearly it’s providing care to those in need of medical attention,” Lazich said. “This is not technically an abortion bill. It doesn’t impact the abortion debate,” Sande said.
The bill will now go before the state Senate.
“This should be a relatively non-controversial bill, a no-brainer,” Sande said.