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Fighting Against

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NC Infant Safe Haven

This tool kit is designed to provide easy-to-use materials about North Carolina’s Safe Haven Law for Infant Abandonment. The tool kit is set out in sections and tiered to allow for everything from a quick overview of key information to an in-depth review.

The materials included in this tool kit are presented with the understanding that the North Carolina Bar Association does not render any legal or other professional services. These materials do not convey legal advice. All original sources of authority presented in these materials should be independently researched in dealing with specific legal matters.

NC Safe Haven Materials

Abortion Survivors

This legislation provides that if an abortion results in the live birth of an infant, the infant is a legal person for all purposes under the laws of North Carolina and entitled to all the protections of such laws. Also, any infant born alive after an abortion or within a hospital, clinic, or other facility has the same claim to the protection of the law that would arise for any newborn, or for any person who comes to a hospital, clinic, or other facility for screening and treatment or otherwise becomes a patient within its care.

The Born-Alive Abortion Survivors Protection Act passed the NC Senate 28-19 with 2 Democrats, Senators Clark and Davis supporting the legislation and 3 Republicans with excused absences, Senators Gunn, Horner, and Brown. The NC House passed the bill by a margin of 65-46 with 4 Democrats, Representatives Gailliard, Graham, Pierce, and Smith voting for the bill. Representative McGrady (R) was present but did not vote. 5 Democrats and 3 Republicans had excused absences.

After Roy Cooper’s veto, the NC Senate passed a motion to override the veto. Then on June 5, the NC House voted to override Cooper’s veto but failed. Reps. Gailliard and Smith who originally voted for the bill decided they would support the Governor rather than the babies and voted to sustain Cooper’s veto. The vote to override Governor Cooper’s veto failed to pass by a vote of 67to 53, failing to achieve the necessary 3/5 majority for the motion to pass.

Now there is no law banning abortions after 20 weeks and no law specifically protecting newborns who survive an abortion. This situation underscores the fact that elections have consequences for the protection of the babies and why we need a pro-life governor and legislature to get pro-life laws.

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