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S 4756

Enacts the "Velmanette Montgomery YouthBuild act"

2025 Regular Session Introduced by Jamaal Bailey and 7 co-sponsors

If a child is born alive after abortion or an attempted abortion, health professionals must provide immediate life-saving care and hospital transfer, with criminal penalties.

REFERRED TO LABOR
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WeVote Research Nonpartisan
Bill Summary · S 4756

Summary of Bill S 4756 – New Jersey Born-Alive Abortion Survivors Protection Act (Introduced Oct. 27, 2025)

Note on title: The bill’s listed name in some materials refers to the “Velmanette Montgomery YouthBuild Act.” The introduced text provided here, however, describes a Born-Alive Abortion Survivors Protection Act for New Jersey. This summary reflects the introduced text and its substantive provisions.

Overview

S 4756 would enact New Jersey’s Born-Alive Abortion Survivors Protection Act. It declares that a child born alive after an abortion or attempted abortion is a legal person entitled to the protections afforded to other newborns and sets duties, penalties, and remedies to preserve the life and health of such children. The bill is currently referred to the Labor Committee (with related committee history indicating initial referral to Labor and later action in Senate Health, Human Services and Senior Citizens).

Core Purpose

  • To ensure immediate life-preserving care for infants born alive after abortion or attempted abortion.
  • To create criminal penalties for failure to provide required care, and for acts that intentionally kill a child born alive.
  • To empower civil action by the mother of a child born alive against violators and to mandate reporting of violations.

Key Provisions

Definitions

  • Abortion: Use or prescription of methods to intentionally end the unborn child’s life or terminate pregnancy with limited exceptions after viability.
  • Attempted abortion: Conduct believed to be a substantial step toward completing an abortion.
  • Born alive: A complete expulsion/extraction where the infant breathes, has a heartbeat, umbilical pulsation, or voluntary movement, regardless of cord status or delivery method.
  • Health care professional: Licensed practitioner in the state.

Provisions and Duties

  • If an abortion or attempted abortion results in a child born alive, the health care professional present must exercise the same professional skill and care as for any other live birth and must ensure immediate transport/admission to a hospital. Violations are a crime of the third degree (3–5 years’ imprisonment, up to $15,000 fine, or both).
  • Intentionally performing or attempting an overt act that kills a child born alive after an abortion is a violation of N.J.S.2C:11-3, punishable by 30 years to life imprisonment.

Reporting and Compliance

  • Health care professionals and facility employees who know of noncompliance must report to state or federal law enforcement; failure to report is a crime of the fourth degree (up to 18 months’ imprisonment, up to $10,000 fine, or both).

Civil and Other Provisions

  • Mothers of children born alive are not guilty of conspiracy under these provisions.
  • Mothers may bring civil actions for damages, including actual damages, equitable relief, and attorney’s fees; punitive damages may be awarded for wantonly reckless or malicious conduct.
  • Immediate effectiveness: The act takes effect immediately upon enactment.

Affected Parties

  • Health care professionals, hospitals, abortion clinics, licensed facilities, and their staff.
  • Women who give birth to a child born alive following an abortion or attempted abortion.
  • Law enforcement agencies and potential civil plaintiffs (mothers).

Legislative History and Related Items

  • Legislative actions: Referred to Labor in February 2025; introduced in October 2025 (Senate Health, Human Services and Senior Citizens Committee).
  • Sponsors include listed primary and co-sponsors (names provided in the file).
  • Related bills and companions exist (e.g., A 5940; S 8073; A 478, etc.).

Potential Impact and Considerations

  • Establishes strong medical-care obligations and substantial criminal penalties for noncompliance and for lethal acts against a child born alive.
  • Creates civil liability avenues for affected mothers.
  • Could influence abortion-care practices and reporting requirements in facilities.
  • Legal interpretation of “born alive” and post-viability standards may affect enforcement and defense considerations.
  • Note the discrepancy between the stated bill title (Velmanette Montgomery YouthBuild act) and the introduced content (Born-Alive Act) that readers should verify in official bill texts.

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

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