In 12 states, children born alive after a failed abortion have no legal protection, and in three more states children born alive after an abortion had legal rights that governors like Tim Walz repealed.
Infanticide, the crime of killing a child within a year of its birth, is illegal in all states, and every person who is born has legal protections under federal and state laws.
The Born-Alive Infants Protection Act of 2002 established that federal legal protections that applied to persons also covered children born at any stage of development, including after an abortion.
Homicide laws in every state already make it illegal to kill a baby, regardless of the circumstances surrounding their birth.
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