Born Alive Abortion Survivors Protection Act

Office of Gov. Jim Justice

Gov. Jim Justice has signed into law a controversial bill that would force doctors to use “reasonable medical judgement” in the event of an unsuccesful abortion. The new law, which has been taken up by other red state legislatures in recent years, has been seen as largely symbolic — considering laws protecting newborns are already on the books. 

Will Price / West Virginia Legislative Photography

A bill known as the Born Alive Abortion Survivors Protection Act has cleared a first committee in the West Virginia Senate after passing the House of Delegates earlier this session. The Senate Health and Human Resources Committee cleared House Bill 4007 Thursday on a 11-1 roll call vote. 

Sen. Corey Palumbo, a Democrat from Kanawha County who is not running for re-election this year, was the only member of the health committee to vote no. 

The House of Delegates passed a bill known as the Born Alive Abortion Survivors Protection Act. It calls on doctors to use "reasonable medical judgement" in the event of an unsuccessful abortion, and it passed with bi-partisan support.

Perry Bennett / West Virginia Legislative Photography

The West Virginia House of Delegates has passed a bill that would penalize physicians who don't provide medical care to a fetus that survives an unsuccessful abortion. Minority Democrats called the measure an election year political stunt that accomplishes nothing, but many voted for the measure anyway.