Montana voters rejected the Born-Alive Infant Protection Act that would have required medical professionals to perform lifesaving medical care on infants who survived abortions or were born prematurely.

The pro-life measure would not have prevented Montana residents from receiving abortions, but would have required “medical care be provided to infants born alive” as a result of a natural or induced labor, failed abortion, or a cesarean section.

The measure failed by around 20,000 votes, with 52.6% voting against it and 47.4% in favor of its passage at the time The Associated Press called the race. “A health care provider performing an abortion shall take all medically appropriate and reasonable steps to preserve the life and health of a born-alive infant who is viable.


If an abortion performed in a hospital results in a live birth of a viable infant, the health care provider shall provide immediate medical care to the infant,” the ballot measure stated. The pro-life legislation acknowledged that an infant born alive after an attempted abortion is a legal person and would have granted them the rights to medical care after birth.

“If an abortion results in the live birth of an infant, the infant is a legal person for all purposes under the laws of this state,” it stated. The law also sought to penalize doctors if they failed to treat infants as living persons and take the required, necessary actions to “preserve the life of a born alive infant.” The bill recognized evidence of life as an infant who breathes, has a beating heart and definite movement of voluntary muscles. (READ MORE)