Missouri’s ‘born-alive’ abortion bill passes through Senate
JEFFERSON CITY, Mo. (KQTV) — A Missouri Senate bill requiring immediate care and protection for babies born alive after an attempted abortion passed the Senate on Wednesday.
An Act featured in Missouri SB 999, or the "Born-Alive Abortion Survivors Act," sponsored by Senator Brad Hudson (R-Cape Fair), guarantees that a child born alive during or after an abortion or attempted abortion shall have the same rights, privileges and immunities as any other person, citizen and resident in Missouri.
"Born-Alive" abortions, also known as live birth abortions, occur when a fetus shows signs of life following an attempted procedure.
The bill would require immediate, professional care for the "born-alive" child to preserve its life, health and comfort.
Under the bill, first-degree murder charges would apply to any person who knowingly performs or attempts to perform an overt act that kills a child born alive.
The bill is similar to the federal 2002 Born-Alive Infants Protection Act, which specifies that an infant born alive after an abortion attempt should receive the same degree of care as other newborns, including immediate transport to the hospital.
"This last-minute scramble by anti-abortion politicians to get themselves a 'win' right as the Missouri Legislative Session comes to a close makes clear that they know they are about to lose their abortion bans at the ballot box- again," Abortion Action Missouri Executive Director Mallory Schwarz said in a news release. "No matter how blatantly unconstitutional and medically nonsensical a policy is, somebody's wealthy donors were desperate for a 'win'."
According to data from the Centers for Disease Control and Prevention, born-alive abortion cases are extremely rare.
Data shows that an estimated 143 infants were "born-alive" following attempted abortions out of the total of 9.3 million abortion procedures between 2003 and 2014 in the United States. Missouri-specific data is not available.
Senator Tony Luetkemeyer (R-Parkville) and Senator Rusty Black (R-Chillicothe) both voted yes on the measure.
In addition to the "Born-Alive Abortion Survivors Act", the bill would also establish a Pregnancy-Associated Mortality Review Board within the state's Department of Health and Senior Services. The board would review data of maternal deaths related to race, ethnicity, language, nationality, age, zip code, and level and timing of prenatal and postnatal care.
Bill provisions also include a release from jail modification, a modification of domestic violence charges in various degrees and a change to harassment offense classifications.
The bill was discussed in the Missouri House of Representatives on Thursday. The House is expected to vote on the measure next week, according to a news release from Abortion Action Missouri.
Missouri's back-and-forth with abortion laws is popular, as of late. In 2019, the state passed HB 126, which was a trigger law designed to ban nearly all abortions if Roe v. Wade was overturned.
The ban went into effect on June 24, 2022, when the Supreme Court overturned Roe v. Wade, making it a class B felony for providers to perform abortions.
Through the initiative petition process, a constitutional amendment was placed on the November 2024 General Election ballots across the state, which received a 51.6% voter approval.
Missouri lawmakers repealed the measure in May 2025 with claims of unclear ballot language.
The new amendment will appear on Missouri ballots for the General Election on Tuesday, Nov. 3, 2026.
