In the past fifty years, at least 17,855 babies were born alive after surviving a botched abortion. In some cases, the baby is born alive but suffers from severe injuries, medical neglect, and fatal outcomes. Abortionists do not want to be held liable for their botched abortions, which is why the abortion industry is moving quickly to provide liability protections to abortionists at the state level. These new laws protect abortionists from lawsuits or criminal prosecution when they injure or kill babies after they survive an abortion. Expanding access to abortion oftentimes means expanding liability protections for medical professionals who commit medical error, medical neglect, and wrongful death against innocent babies.
California, Colorado, and Michigan have already passed laws that allow abortionists to withhold postnatal medical treatment from babies who are born alive after an abortion procedure. By withholding emergency medical care, abortionists maniacally go through with their failed killing operation, allowing or assisting in the death of a premature, newborn baby. The new abortion laws refer to this premeditated murder as “reproductive health care.” Under the new laws, the newly born baby is allowed to die, and the wrongful death is called a “pregnancy outcome.”
According to the Abortion Survivors Network, thousands of babies survive second-trimester induction abortions every year, but the babies are allowed to die within hours of being born because of fatal injuries and medical neglect.
By nature, the induction abortion is a faulty, unethical procedure. In a 2017 study involving 5,000 induction abortions between 20-24 weeks gestation, there was a reported 69-81 percent failure rate. This means that the majority of babies are not killed before the procedure begins. According to a 2018 study, around half (50.6 percent) of babies who are forced to undergo an induction abortion are still alive when the procedure ends. These babies are forced to suffer and die from injuries and medical neglect for at least half an hour after their birth.
A study published in Contraception Journal confirmed that 69 percent of doctors do not kill the baby before a dilation and evacuation (D&E) abortion procedure that is conducted after 18 weeks. Now that Roe-vs-Wade is unconstitutional, these babies are considered legal “persons” when they are born alive. These induction and D&E abortion procedures are unethical acts of violence against babies, and these procedures should be treated as the gruesome acts they are, according to the law. However, there are currently no laws protecting born-alive abortion survivors, and most states do not require abortion providers to report live births, so the number of postnatal deaths could be higher than what is currently reported.
Up to 3,700 babies also survive chemical abortions every year in the US. A chemical abortion occurs when drugs are used within the first ten weeks of pregnancy to stop fetal development. There were approximately 502,000 chemical abortions in 2020, yet 5 percent of these abortions failed and caused further complications. A 2013 study published in the Contraception International Reproductive Health Journal found that 1.1 percent of chemical abortion fail on the first try. Ingrid Skop, M.D., a practicing obstetrician-gynecologist and fellow of the American College of Obstetrics and Gynecology, says that chemical abortion failure rates increase to 38.5 percent in the second trimester because gestational age is mis-estimated and the drugs often fail to poison the fetus.
If a chemical abortion fails, a woman may decline surgical abortion and go through with the pregnancy. According to a 2021 study published in the Journal of Issues in Law & Medicine, up to 67 percent of failed chemical abortions ultimately result in live births. When a mother receives hope and better information from a pregnancy care center, she often changes her mind about the traumatic experience of abortion and chooses life.