Gov. Mike Kehoe signed a Republican-backed bill Monday requiring healthcare providers to deliver standard medical treatment to infants born alive after an attempted abortion.
Senate Bill 999, titled the Born Alive Abortion Survivor’s Protection Act, was sponsored by 33rd District Sen. Brad Hudson, R-Cape Fair, and handled in the House by Rep. Brian Seitz, R-Branson. The legislation passed along partisan lines earlier in the 2026 legislative session, drawing strong support from both legislative chambers and the governor’s office.
Under the new law, any healthcare provider present when an infant is born alive following an abortion or attempted abortion must exercise the same degree of professional skill, care and diligence to preserve the life of the child as they would for any other infant born at the same gestational age.
Sponsors of the legislation argued that a revision was necessary to address existing statutory language. Current Missouri law regarding infanticide, found in Section 565.300 of the state statutes, has historically exempted individuals performing or attempting to perform legal abortions if the act causing death occurred prior to the child being partially born, even if death occurred after partial birth. SB 999 removes this exemption, establishing specific care mandates and legal penalties for providers who fail to comply.
“This is a common sense piece of legislation that supports life and provides clarity in Missouri law for the type of care that must be provided,” Hudson said in a statement.
Under the provisions of SB 999, any person who knowingly performs an overt act intended to kill an infant born alive under these circumstances can be charged with first-degree murder. The bill also grants individuals the right to bring civil causes of action for wrongful death or improper healthcare in the event of a violation.
Opponents of the bill argued during legislative debates that the measures are redundant under existing federal and state laws governing homicide and infanticide, expressing concern that the added criminal penalties could restrict medical decision-making.
