A Missouri Senate bill that would require immediate medical care and protection for babies born alive after an attempted abortion passed the Senate on Wednesday.
The legislation, featured in Missouri SB 999 and known as the “Born-Alive Abortion Survivors Act,” was sponsored by Senator Brad Hudson (R-Cape Fair). The bill states that a child born alive during or after an abortion or attempted abortion must receive the same rights, privileges and immunities as any other person, citizen and resident of Missouri.
“Born-alive” abortions, sometimes referred to as live-birth abortions, happen when a fetus shows signs of life after an attempted abortion procedure.
Under the bill, medical professionals would have to provide immediate and professional care to preserve the life, health and comfort of a child born alive.
The legislation also states that first-degree murder charges could apply to anyone who knowingly performs or attempts to perform an overt act that results in the death of a child born alive.
The measure closely mirrors the federal Born-Alive Infants Protection Act of 2002, which requires infants born alive after an abortion attempt to receive the same level of care as other newborns, including immediate transportation to a hospital.
“This last-minute scramble by anti-abortion politicians to get themselves a ‘win’ right as the Missouri Legislative Session comes to a close makes clear that they know they are about to lose their abortion bans at the ballot box- again,” Mallory Schwarz said in a news release. “No matter how blatantly unconstitutional and medically nonsensical a policy is, somebody’s wealthy donors were desperate for a ‘win’.”
According to data from the Centers for Disease Control and Prevention, cases involving infants born alive after attempted abortions are extremely rare.
CDC data found that an estimated 143 infants were born alive following attempted abortions out of 9.3 million abortion procedures performed in the United States between 2003 and 2014. Missouri-specific data was not available.
Senator Tony Luetkemeyer (R-Parkville) and Senator Rusty Black (R-Chillicothe) both voted yes on the measure.
In addition to the “Born-Alive Abortion Survivors Act,” the bill would create a Pregnancy-Associated Mortality Review Board within Missouri’s Department of Health and Senior Services. The board would examine data tied to maternal deaths, including race, ethnicity, language, nationality, age, ZIP code, and the level and timing of prenatal and postnatal care.
The legislation also includes provisions related to release-from-jail modifications, changes to domestic violence charges across multiple degrees and updates to harassment offense classifications.
The bill was discussed Thursday in the Missouri House of Representatives. According to a news release from Abortion Action Missouri, the House is expected to vote on the measure next week.
Missouri’s ongoing battle over abortion laws has remained a major issue in recent years. In 2019, the state passed HB 126, a trigger law intended to ban nearly all abortions if Roe v. Wade was overturned.
That ban took effect on June 24, 2022, after the Supreme Court of the United States overturned Roe v. Wade, making abortion procedures performed by providers a class B felony.
Through Missouri’s initiative petition process, voters placed a constitutional amendment on the November 2024 General Election ballot. The measure passed with 51.6% voter approval statewide.
Missouri lawmakers later repealed the measure in May 2025, arguing the ballot language lacked clarity.
A new amendment is now set to appear on Missouri ballots during the General Election on Tuesday, Nov. 3, 2026.
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