Kansas Lawmakers Pass Controversial Abortion-Related Infant Care Law; Providers May Face Criminal Charges

kansas New Infant Care abortion Abortion Regulations in Kansas

By E.Baloyo , Parent Herald Apr 27, 04:33 am

Photo: (Photo : Brett Hacker/Getty Images)

Kansas lawmakers passed a new infant care law. Healthcare providers in Kansas may potentially face criminal charges for their alleged mishandling of newborns born during specific abortion procedures following a decision by the state's Republican-controlled government. Legislature on Wednesday overrode Democratic Gov. Laura Kelly's veto of their legislation, per AP News.

The new law, set to take effect on July 1, represents a significant shift in how healthcare providers in Kansas must treat newborns delivered during an abortion procedure. It mandates that providers exercise the same level of professional skill, care, and diligence to preserve the health of these newborns as they would with other live births.

New Infant Care Law's Requirements

This includes ensuring that the newborns are transported to a hospital and that all necessary medical attention is provided.

While GOP lawmakers and anti-abortion groups have pushed for the law, it has been met with criticism from abortion rights advocates who view it as a ploy to sow confusion and fear.

They argue that the law is largely symbolic, as the cases it covers are rare due to existing abortion regulations in Kansas. However, they fear it could deter doctors from providing abortion care and make women hesitant to seek it.

Elisabeth Smith, the state policy and advocacy director for the Center for Reproductive Rights, which defends access to abortion, has raised concerns about the language used in the law. She notes that the words used do not have any real meaning and that doctors, hospitals, and clinics are uncertain about how to interpret them.

The lack of clarity raises concerns about how the law will be enforced and whether providers will be penalized for inadvertent violations.

Abortion Opponents' Perspective

Advocates against abortion argue that the new Kansas law is a reasonable measure put in place to protect newborns.

Representative Ron Bryce, a practicing physician in southeastern Kansas, has expressed concerns over what he perceives as a "culture of death." He believes that the sanctity of life should be prioritized and upheld.

The law in Kansas, which is similar to laws in at least 18 other states, mandates that newborns delivered during certain abortion procedures must receive the same standard of care as other live births, with criminal penalties for doctors who fail to comply.

The American College of Obstetricians and Gynecologists has stated that infants born before 23 weeks have a very low survival rate.

Healthcare providers sometimes induce labor to deliver a fetus early if it has a severe medical issue, with death expected to occur within a matter of minutes or seconds.

According to the Center for Reproductive Rights, Kansas law includes constitutional protections for abortion. The Kansas Supreme Court ruled in 2019 that the Bill of Rights enshrined in the Kansas Constitution safeguards the inherent right to personal autonomy for all Kansans, comprising the freedom to govern one's own body.

Included in it are the rights of an individual, which encompass the ability to uphold bodily autonomy, and to practice self-governance, thereby enabling them to independently determine whether or not to proceed with a pregnancy.

Abortion Regulations in Kansas

As per the Abortion Finder Organization, in Kansas, abortion is legal for women who are 21 weeks and 6 days pregnant or less. Although the state has banned abortion after this point, many providers choose to stop offering abortions earlier in pregnancy.

However, if women are under 18 years of age, obtaining permission from both parents or legal guardians is necessary to get an abortion in Kansas. If this is not possible, women may seek a judicial bypass, which waives the requirement for parental involvement. For minors seeking help with the judicial bypass process, assistance is available.