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A 5940

Establishes "New Jersey Born-Alive Abortion Survivors Protection Act."

2024-2025 Regular Session Introduced by Dawn Fantasia and 5 co-sponsors

Mandates immediate life-preserving care for any infant born alive after abortion, treats the baby as a legal person, and imposes criminal/civil penalties for noncompliance.

Introduced in the Assembly, Referred to Assembly Community Development and Women's Affairs Committee
#abortion #humansvcs
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Bill Summary · A 5940

Summary of New Jersey A 5940 — New Jersey Born-Alive Abortion Survivors Protection Act

Overview

A 5940, introduced in the New Jersey Assembly on February 25, 2025, would establish the New Jersey Born-Alive Abortion Survivors Protection Act. The bill adds a new statutory framework to Title 2C (criminal law) and requires health care professionals and facilities to provide life-preserving care to any infant born alive after an abortion or attempted abortion. It defines “born alive” and creates criminal and civil remedies for noncompliance, with immediate effective date.

Primary sponsor: Carrie Woerner (jointly identified as the bill’s sponsor). Related companion and prior-session bills exist (e.g., S 4756).

Key Provisions

  • Purpose and scope

    • Establishes protections for abortion survivors and supplements Title 2C of the New Jersey Statutes.
    • Affirms that an infant born alive after an abortion or following an attempted abortion is entitled to all protections of law and is treated as a legal person for purposes of state law.

  • Definitions

    • “Abortion” and “Attempted abortion” are defined in terms of eliminating or terminating a pregnancy, with specific reference to actions intended after viability to produce a live birth or to remove a dead fetus.
    • “Born alive” means complete expulsion or extraction of a member of the human species who, after expulsion/extraction, breathes, has a beating heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, regardless of cord status or mode of delivery (labor, cesarean, or abortion-induced).

  • Professional duty and standard of care (criminal offense for noncompliance)

    • If an abortion/attempted abortion results in a child born alive, any health care professional present must exercise the same degree of professional skill, care, and diligence as would be used to preserve life and health, and must ensure immediate transport/admission to a hospital.
    • Violating this duty is a crime of the third degree (3-5 years imprisonment, up to $15,000 fine, or both).

  • Homicide-related penalty

    • Intentionally performing or attempting an overt act that kills a child born alive after abortion/attempted abortion would violate N.J.S.2C:11-3 and carry a penalty of 30 years to life imprisonment.

  • Reporting and enforcement

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

  • Civil remedy and protections for mothers

    • The mother of a child born alive may sue violators for damages, including actual damages, equitable relief, and attorneys’ fees. Punitive damages may be awarded for wantonly reckless or malicious conduct.
    • The mother is not liable for conspiracy to commit a crime under the act.

  • Constitutional and procedural note

    • The act takes effect immediately upon enactment.

Who Is Affected

  • Health care professionals, hospitals, clinics, ambulatory care facilities, and licensed health care providers involved in abortion care.
  • Mothers of infants born alive following abortion or attempted abortion.
  • Law enforcement and reporting entities (state and federal).

Legislative Status and Timeline

  • Introduced in the Assembly on February 25, 2025.
  • Referred to Assembly Committee: Community Development and Women’s Affairs (as the introduced version indicates).
  • Related measures include companion/Senate bills (e.g., S 4756) and prior-session A bills (A 8203, A 2180, A 3620).

Impact Snapshot

  • Establishes explicit life-preservation duties for health care providers in abortion-survivor scenarios.
  • Creates criminal penalties for failure to provide care (3rd degree) and for intentional killing of a child born alive (30 years to life).
  • Introduces reporting requirements and enables civil action by the mother.
  • Treats a child born alive as a full legal person with rights and protections identical to other newborns.

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

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