Infant (Born Alive) Protection Bill [HL]

1 Duty to seek medical assistance

Where a child is born alive after an attempted termination of pregnancy any person present at the birth or shortly thereafter who is aware, or who ought reasonably to be aware, that signs of life are present must take reasonable steps to obtain emergency assistance.

2 Born alive

(1)

For the purposes of this Act, a child is born alive after an attempted
termination of pregnancy if—

(a)

the child has issued completely from its mother’s body, and

(b)

the child has shown signs of life.

(2)

For the purposes of subsection (1) , “signs of life” include—

(a)

breathing, crying, or sustained gasps;

(b)

a heartbeat;

(c)

a pulsing umbilical cord;

(d)

making definite movement of voluntary muscles;

(e)

any other signs of life which may be determined by guidance issued
under section 4 .

3 Duty of healthcare professionals

(1)

The duty of a healthcare professional to provide medical care or treatment
to a child born alive after an attempted termination of pregnancy is no different from the duty owed to provide medical care or treatment to a child born alive other than as a result of an attempted termination of pregnancy.

(2)

In this Act, medical care or treatment includes—

(a)

life-saving emergency treatment (survival focused care);

(b)

palliative care (comfort focused care);

(c)

all other appropriate treatment.

(3)

For the purposes of subsection (2) , in determining what medical care or
treatment is appropriate, healthcare professionals must—

(a)

act in good faith in accordance with existing professional guidance,
as well as any guidance issued under section 4 , and

(b)

disregard the fact that the birth of the child was the result of an
attempted termination of pregnancy.

4 Guidance

(1)

The Secretary of State must issue guidance relating to the operation of this
Act.

(2)

Before issuing guidance under subsection (1) , the Secretary of State must
consult such persons as the Secretary of State considers appropriate.

5 Annual report

(1)

The Secretary of State must, no later than 12 months after the day on which
this Act comes into force and annually thereafter, publish a report concerning the operation of this Act.

(2)

The report under subsection (1) must include—

(a)

the gestational age of all children born alive following a termination
of pregnancy;

(b)

the response of emergency services;

(c)

incidence of signs of life observed;

(d)

safeguarding referrals, including in relation to coercion or domestic
abuse;

(e)

neonatal outcomes;

(f)

maternal health outcomes;

(g)

such other matters as the Secretary of State considers appropriate.

6 Offences

(1)

A person commits an offence in accordance with section 1 of this Act if a
child is born alive after an attempted termination of pregnancy and that person fails to take reasonable steps to obtain emergency medical assistance for the child.

(2)

A person who commits an offence under subsection (1) is liable—

(a)

on summary conviction, to imprisonment for a term not exceeding
the general limit in a magistrates’ court, to a fine or to both;

(b)

on conviction on indictment, to imprisonment for a term not exceeding
12 months, to a fine or to both.

(3)

It is a defence for a person charged with an offence under subsection (1) to
prove that they had a reasonable excuse for failure to comply with section 1 of this Act.

(4)

A person is to be treated as having a reasonable excuse for the purposes of
subsection (3) if—

(a)

there is evidence of physical or mental incapacity;

(b)

there is evidence of coercion, abuse or distress associated with labour,
pregnancy loss or termination of pregnancy;

(c)

the person had a reasonable belief that emergency medical assistance
had been sought;

(d)

any other factors which may be determined by guidance issued under
section 4 .

(5)

No inference may be drawn by the court or jury from the fact that a woman
sought emergency medical assistance for herself or a child delivered following an attempted termination of pregnancy.

(6)

A healthcare professional commits an offence under this Act if—

(a)

a child is born alive after an attempted termination of pregnancy,

(b)

the healthcare professional owes a duty to provide medical care or
treatment to the child under section 3 , and

(c)

the healthcare professional fails to take reasonable steps to provide
that medical care or treatment.

(7)

A healthcare professional who commits an offence under this Act is liable—

(a)

on summary conviction, to imprisonment for a term not exceeding
the general limit in a magistrates’ court, to a fine, or to both;

(b)

on conviction on indictment, to imprisonment, for a term not exceeding
12 months, to a fine, or to both.

(8)

Where it falls to the court or jury to decide whether the health professional
has taken reasonable steps under subsection (6) , the court or jury must consider—

(a)

existing professional guidance;

(b)

guidance issued under section 4 .

(9)

When the court is considering the seriousness of any offence under subsection (6) , it must consider—

(a)

existing professional guidance;

(b)

guidance issued under section 4 .

7 Extent, commencement and short title

(1)

This Act extends to England and Wales.

(2)

This Act comes into force on the day on which this Act is passed.

(3)

This Act may be cited as the Infant (Born Alive) Protection Act 2026.