Section 188.035

There are multiple enactments of 188.035

Title XII PUBLIC HEALTH AND WELFARE

Chapter 188

Effective - 28 Aug 2026, 2 histories, see footnote   

  188.035.  Born-alive abortion survivors protection act — rights of child born alive during or after an abortion — health care provider duties — overt act that kills child born alive deemed first degree murder — cause of action. — 1.  This section shall be known and may be cited as the "Born-Alive Abortion Survivors Protection Act".

  2.  A child born alive during or after an abortion or an attempted abortion shall have all the rights, privileges, and immunities available to other persons, citizens, and residents of this state, including any other liveborn child.

  3.  A health care provider licensed, registered, or certified in this state who is present in the provider's professional capacity at the time a child is born alive during or after an abortion or attempted abortion shall exercise the same degree of professional skill, care, and diligence to preserve the life, health, and comfort of the child as a reasonably diligent and conscientious health care provider would render to any other child born alive at the same gestational age.

  4.  Any person who knowingly performs or attempts to perform an overt act that kills a child born alive described under subsection 3 of this section shall be guilty of first degree murder under section 565.020.

  5.  A person shall have the right to bring a cause of action under sections 537.080 to 537.090 or chapter 538 for any injury arising from a violation of the provisions of subsection 3 of this section.  Any civil remedy contemplated by this subsection shall not be deemed exclusive of any other available administrative or criminal action which may be brought as a result of any violation of the provisions of this section.

  6.  As used in this section, the term "born alive" shall have the same meaning as in 1 U.S.C. Section 8(b).

  7.  The natural and spontaneous loss of an unborn child before fetal viability shall not be construed to be an abortion, as such term is defined in section 188.015.

­­--------

(L. 1974 H.B. 1211 § 6, A.L. 1979 H.B. 523, et al., A.L. 2026 S.B. 999)

Nonseverability clause, see § 1.1008