Kentucky’s New Law Demands Clinics Save Babies Who Survive Abortion Procedures

Mother and child

Kentucky's new law demands clinics, hospitals, and doctors themselves to save babies who survive abortion procedures, a report says.

The new law, called Senate Bill 9, was passed last week even without the governor's signature, the Christian Post reported. Senate Bill 9's author, Senator Whitney Westerfield, explained that the bill is "going to protect children that are born alive, under any circumstance, not just from a failed abortion attempt."

"Any born-alive infant, including one (1) born in the course of an abortion procedure, shall be treated as a legal person under the laws of this Commonwealth, with the same rights to medically appropriate and reasonable care and treatment," explained the provisions of he law, "After birth, a birth certificate shall be issued and, if death occurs after birth, a death certificate shall be issued."

"The parent or guardian of a born-alive infant shall not be held criminally or civilly liable for the actions of a physician, physician assistant, advanced practice registered nurse, nurse, or other healthcare provider that are in violation of this section and to which the parent or guardian did not give consent."

The doctor performing an abortion under the bill must "take all medically appropriate and reasonable steps to preserve the life and health of a born-alive infant" as it "requires a 'born-alive infant' be given nourishment along with medical care, treatment and surgical care deemed medically appropriate."

Governor Andy Beshear, a Democrat, did not sign the bill and refused to veto it as well. He previously vetoed a similar bill out of the needs of the coronavirus pandemic.

Westerfield expressed disappointment that Beshear did not sign the law but at the same time is grateful since it was not vetoed amidst pressures from legislators and others to do so.

"I'm disappointed he didn't sign it, but I'm grateful he didn't veto it. I'll take what I can get," Westerfield said.

The Christian Post reported that the bill was part of the local government's efforts to undo the 2019 controversies made by former Virginia Governor Ralph Northam wherein, during an interview with WTOP, babies with "severe deformities" were discussed as examples to third quarter abortions.

"In this particular example, if a mother is in labor, I can tell you exactly what would happen. The infant would be delivered, the infant would be kept comfortable. It would be resuscitated if that's what the mother and the family desired and then a discussion would ensue between the physician and the mother," Northam said previously that garnered criticism from pro-life groups.

US News reported that many oppose the bill since it is not actually needed as nothing of that sort occur in Kentucky, which is a "leading pro-life state" in memory.

The American Civil Liberties Union of Kentucky similarly expressed its disappointment on the law, except on its passing.

"It is an inflammatory law that was motivated purely by politics and has no basis in the real-life practice of medicine," Samuel Crankshaw, a spokeman of ACLU of Kentucky, pointed out.

U.S. News said "critics of such measures say that medical ethics would require any health professional to take appropriate steps to save the life of any infant in such circumstances".

According to Governor Andy Beshear's spokeswoman Crystal Staley, the law actually "involves a situation that, to our knowledge, has never happened in Kentucky and is already illegal under other Kentucky laws."