The New Jersey Born-Alive Abortion Survivors Protection Act establishes legal protections for infants born alive following an abortion or attempted abortion. The bill mandates that any health care professional present at the time of such a birth must provide the same level of care and diligence to preserve the life and health of the child as they would for any other child born alive at the same gestational age. Violations of this requirement are classified as a crime of the third degree, punishable by three to five years of imprisonment and/or fines up to $15,000. Additionally, the bill stipulates that anyone who intentionally kills a child born alive in this context would face severe penalties under existing homicide laws.

The legislation also requires health care professionals and employees of relevant facilities to report any non-compliance with these provisions to law enforcement. Failure to do so constitutes a crime of the fourth degree, with penalties including up to 18 months of imprisonment and/or fines up to $10,000. Importantly, the bill clarifies that the mother of a child born alive under these circumstances cannot be charged with conspiracy to commit a crime related to the act, and she is granted the right to pursue civil action for damages against violators of the act.