Urgent: Tell your State Rep to Oppose Infanticide in NC

We urgently need you to contact your state Representative and Senator and encourage them to support the Born-Alive Abortion Survivors Protection Act. SB359 and HB602 are common-sense legislation introduced by Sen. Krawiec, Hise & Harrington, and Rep. McElraft, Conrad, Stevens & Hurley, that is all about preventing infanticide.

If there is anything that all representatives and all North Carolinians should agree on—regardless of their political party or political convictions—it is that infanticide is wrong. That's an undeniable starting point for any moral and just society. We should all be able to agree that, once born, all children deserve protection.

Any so-called “right to abortion” does not extend to children born alive in the course of an attempted abortion. A “right to an abortion” should not translate to a right to a dead child no matter what. If a child survives an abortion, he or she should be treated with the same degree of medical concern and attention as any other child born prematurely at the same stage of development.


In 2002, the federal Born-Alive Infants Protections Act1 clarified that if an abortion results in the live birth of an infant, the infant is a legal person for all purposes under the laws of the United States and is entitled to all the protections of such laws. However, it did not create additional, specific protections for children who survive an abortion.

SB359 and HB602 build on the 2002 federal law by creating specific requirements for the treatment of abortion survivors. These requirements are:

  1. In the case of an attempted abortion that results in a child born alive, the health care practitioner must 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; and

  2. ensure that the child born alive is immediately transported and admitted to a hospital.

  • These state protections are necessary because the federal Supreme Court decision, Roe v. Wade has rendered unborn children uniquely vulnerable. Furthermore, abortionist have an incentive to ensure infant survivors do not leave the abortion center alive.

  • North Carolina has never protected the lives of infants who are survivors of an abortion, although abortionists are known to allow abortion survivors to die2, without providing care to preserve the life and health of these tiny infants.4

  • The Born-Alive Abortion Survivors Protection Act also establishes state penalties for failure to comply with these reasonable requirements. Penalties include fines and/or imprisonment. In addition, a woman on whom an abortion was performed is given the right to sue for civil remedies.


While the definition of a late-term abortion is imprecise and shifting. The gestational age at which an unborn child can survive outside the womb, with medical support, is decreasing, with instances of survival occurring at 22 weeks’ gestation or slightly less. Late-term procedures are carried out via methods designed to ensure fetal demise prior to delivery, primarily through the administration of a lethal injection in the baby’s head or heart or severing the umbilical cord. As reported in the Philadelphia Inquirer, the survival of a baby intended for abortion creates a host of potential legal and medical problems for the abortion practitioner.


Today only six states require the reporting of statistics on children marked for abortion who were born alive during abortion procedures, and only five states (Arizona, Florida, Michigan, Minnesota, and Oklahoma) have reported at least 25 children were born alive during attempted abortions in 2017. The number of infants surviving an abortion is unknown in North Carolina since there is currently no reporting requirements. The CDC estimates3 that between 2003 and 2014, at least 143 babies were born alive during abortions and then later passed away – this report does not include babies who survived attempted abortions and are still alive.


Thirty-one states have laws offering at least some explicit protection to babies who survive abortions but North Carolina has not established legal protections for born-alive infants. A state law is necessary to ensure that all infants who survive abortions are protected.

In a 2013 undercover video4, a D.C. abortionist admitted he would not intervene to save an abortion survivor. He is quoted as saying, we would not help it [the baby].In Philadelphia, it took suspicion of the illegal sale of drugs for the FBI and the Drug Enforcement Administration to raid Kermit Gosnell’s late-term abortion “House of Horrors” in 2010. Most disturbing among what they found was evidence of the intentional killing of babies who had survived Gosnell’s abortion procedures.

Jill Stanek, a former nurse who witnessed late-term babies born alive during abortion procedures and left to die. Hear her testimony and more from abortion survivors at TheAbortionSurvivors.com and listen to abortion survivors Melissa Ohden5 and Gianna Jessen,6 deliver moving testimony before the House Judiciary Committee.

This bill is about infanticide, plain and simple. Thirty-one states have laws offering at least some explicit protection to babies who survive abortions, but North Carolina has not established legal protections for born-alive infants. A state law is necessary to ensure that all infants who survive abortions are protected.

We beg you to take a minute to click here and contact your representatives and ask them to OPPOSE infanticide and PROTECT babies born alive during abortions by VOTING FOR the Born-Alive Abortion Survivors Protection Act (SB359 & HB602).


Tami Fitzgerald
NC Values Coalition

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