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HB 2398

Abortion; born alive infant, treatment and care, penalty.

2025 Regular Session Introduced by Mark Earley and 2 co-sponsors

HB 2398 mandates specific medical treatment standards for infants born alive during abortion procedures and establishes penalties for non-compliance.

Left in Health and Human Services
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Bill Summary · HB 2398

Legislative bill overview

HB 2398 establishes legal requirements for the treatment and care of infants born alive during abortion procedures in Virginia, and creates penalties for non-compliance. The bill specifies standards for medical care that must be provided to such infants and defines consequences for healthcare providers who fail to meet these standards.

Why is this important

This legislation directly addresses the intersection of abortion policy and neonatal care standards, affecting how Virginia's healthcare system handles a narrow but medically sensitive scenario. The bill's passage or failure will influence both medical practice protocols and the legal liability exposure for providers in these circumstances.

Potential points of contention

  • Medical autonomy vs. legal mandate: Tension between establishing statutory care requirements versus allowing medical professionals to make individualized clinical decisions based on patient condition and prognosis
  • Definitional clarity: The precise medical criteria for what constitutes a "born alive infant" and at what point care obligations are triggered could create implementation ambiguity
  • Enforcement and penalties: Disagreement over what constitutes appropriate penalties and whether criminal vs. civil liability is proportionate for care failures in complex medical scenarios

Compiled from official sources — confirm details with the bill’s official record.

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