Born Alive Abortion Survivors’ Protection Act

Published on May 9th, 2022

Memorandum of Support

Re: A4429 by Manktelow / S2569 by Helming

Establishing the born alive abortion survivors’ protection act

This legislation would restore legal protections to children who are born alive during late-term abortion procedures. The New York State Catholic Conference strongly supports this measure and urges favorable votes.

Prior to the 2019 enactment of the Reproductive Health Act, New York Public Health Law Section 4164 provided full legal protection to any child who might be born alive as the result of, or during the course of, an abortion. It also required a second doctor to be available during late- term abortion to help give medical care to any such child. Shockingly, New York’s new abortion law removed all such protections from our Public Health Law, defying both common sense and public opinion.

Some might ask, “Does this ever happen? Do babies actually survive abortion?” The answer is yes. Gianna Jessen was born in an abortion clinic in Los Angeles where her mother, 29 weeks pregnant, went to obtain a saline abortion. But Gianna was born alive, and now enjoys an active and full life. Melissa Ohden’s mother was about seven months pregnant when she sought an abortion, but the abortion failed and Melissa was born alive weighing two pounds and fourteen ounces. Melissa went on to obtain her MSW and has worked in the fields of mental health, domestic violence and child welfare. Right here in New York State, Ana Rosa Rodriguez was born in Queens in 1991 after a substandard abortion in which the abortionist tore off her right arm but failed to get the rest of her body.

The “right to abortion” should never extend so far as to justify the denial of fundamental civil rights and protections to born, living, breathing human children.

We strongly support this legislation and urge its enactment into law.