In a move that has ignited controversy, Oregon Democrats last week effectively blocked House Bill 4087, known as the Born-Alive Infants Protection Act. The bill, which sought to mandate medical care for infants who survive abortion attempts, was halted in the House Committee on Health Care following a procedural vote, effectively leaving its future uncertain.
The proposed legislation would have required healthcare providers to administer the same level of care to an infant born alive after a failed abortion as would be provided to any newborn of a comparable gestational age. Additionally, the bill stipulated that infants born outside of a medical facility must be transferred to a hospital. The committee's vote reflected a sharp partisan divide, with 34 Democrats opposing the bill and 22 Republicans supporting it.
Among the dissenters was Rep. Cyrus Javadi, who notably switched from Republican to Democrat in 2025 after previously endorsing similar measures. The session included poignant testimony from Amy Miles, a woman who survived an abortion at 28 weeks in Ashland, Oregon. Now an advocate and mother, Miles' personal narrative underscored the potential dangers faced by infants in similar situations and the importance of legislating their right to care.
Lois Anderson, the Executive Director of Oregon Right to Life, expressed dismay at the legislature's decision, stating, “Providing standards of care for these newborns is a reasonable expectation and should not be controversial.” Oregon's abortion laws are among the most permissive in the nation, allowing elective procedures up to the point of birth and granting minors as young as 15 the ability to obtain an abortion without parental consent.
The state's Democrats have recently collaborated with Planned Parenthood to reinforce abortion access, including a significant financial commitment to address Medicaid shortfalls. Pro-life advocates, however, point to the vulnerability of infants who survive abortion procedures, citing inadequacies in both federal and state protections.
While the federal Born-Alive Infants Protection Act of 2002 does recognize these infants as legal persons, it fails to enforce specific care standards or penalties for non-compliance. Currently, only 18 states have laws that define the medical care required for infants born under these circumstances.
Data suggests that approximately 1,700 infants survive abortions each year in the United States, with nine states reporting 275 cases between 2018 and 2024. Testimonies from former abortion industry workers and pro-life groups have highlighted instances of neglect and fatal outcomes, underscoring the pressing need for explicit legal safeguards.
Despite the setback of HB 4087, which remains stalled in committee, public opinion in Oregon appears to strongly support protective measures for infants born after abortion attempts. Surveys indicate that 80% of Oregonians favor legislation that mandates care for these newborns. The debate surrounding HB 4087 reflects a broader national conversation about abortion, the legal rights of newborns, and the ethical obligations of medical professionals in extraordinary circumstances. Pro-life organizations continue to advocate for clear standards that safeguard the health and welfare of the most vulnerable members of society.
