West Virginia becomes latest state to pass Born-Alive Abortion Survivors Protection Act

By Dave Andrusko

West Virginia Gov. Jim Justice holding the ceremonial signature pen with Karen Cross, legislative coordinator for West Virginians for Life.

And now there is one more—a state requiring that babies born-alive following a “failed” abortion to be treated no differently than any other premature baby born at the same gestational age.

“Thank you to the leaders of West Virginians for Life, National Right to Life, and members of the West Virginia Legislature who joined me as I signed the Born-Alive Abortion Survivors Protection Act into law today,” Gov. Jim Justice said Monday at a signing held in the Governor’s Reception Room and  livestreamed at governor.wv.org. “As long as I am Governor, I will always defend the right to life of every unborn child.”

Gov. Justice said it was “unbelievable, to tell you the truth, that we have to do such a thing,” according to the Associated Press. “So today we’re going to put a stake in the sand that says for us, for us at least we stand for life and we stand for the right stuff,” Gov. Justice said.

The Born-Alive Abortion Survivors Protection Act (HB 4007/SB 231)will require that a baby born alive during an abortion must be afforded “the same degree” of care that would apply “to any other child born alive at the same gestational age,” including transportation to a hospital. 

Moreover, for the first time, the legislation makes it possible to investigate and prosecute these cases.  West Virginia law will define the actions required by the abortionist in the case of a born-alive abortion survivor as well as spelling out the penalties for failure to comply with the law.

Leaders of West Virginians for Life, National Right to Life and pro-life legislators gathered together Monday in the Governor’s Reception Room as Gov. Justice signed the Born-Alive Abortion Survivors Protection Act.

Ingrid Duran, director of state legislation for National Right to Life, told NRL News Today, “The perverse nature of abortion on demand policies are that we have to debate not in what manner we treat a human baby that survives abortion but if. Thanks to West Virginians for Life for saying Yes to Life!” 

‘West Virginians for Life salutes the sponsors of the bill, Rep. Ruth Rowan and Sen. Patricia Rucker,” said Dr. Wanda Franz, president of West Virginians for Life. “We thank the leadership, Senate President Mitch Carmichael and Speaker of the House Roger Hanshaw and all those pro-life representatives who co-sponsored and voted for the bill.”

Please join those who are following me on Twitter at twitter.com/daveha. Please send your comments to daveandrusko@gmail.com