Proposed legislation in California would “decriminalize killing newborns days or even weeks after birth,” reports the California Family Council (CFC), a Focus on the Family-allied organization.

CFC President Johnathan Keller stated, “For years, pro-life advocates have argued there is no moral difference between ending a child’s life days before birth or days after birth. California’s pro-abortion legislators now seemingly agree.”

Keller called Californians to fight the legislation, AB 2233, saying, “A political culture that justifies killing millions of children in the womb is now declaring open season on unwanted newborns. Every Californian must oppose this heinous bill.”

The proposed legislation says:

The Legislature finds and declares that every individual possesses a fundamental right of privacy with respect to personal reproductive decisions, which entails the right to make and effectuate decisions about all matters relating to pregnancy, including prenatal care, childbirth, postpartum care, contraception, sterilization, abortion care, miscarriage management, and infertility care.

Accordingly, it is the public policy of the State of California that …

Notwithstanding any other law, a person shall not be subject to civil or criminal liability or penalty, or otherwise deprived of their rights, based on their actions or omissions with respect to their pregnancy or actual, potential, or alleged pregnancy outcome, including miscarriage, stillbirth, or abortion, or perinatal death.

“Postpartum care” refers to care after birth, with no real time limit, so it could possibly refer to months after the birth. Dictionary definitions of “perinatal” (the time around birth) differ; usually the term refers to five months before and one month after birth – but the time period could be even longer.  

What AB 2223 means is that no “person” will be subject to any penalties related to an infant’s death – even up to a month after birth, but possibly even longer. (The bill insists that it’s not women who give birth, but “persons.”)

And if an infant dies – inside the womb or after birth, and the mother contributed to the death through substance abuse, neglect or attempts at self-induced abortion, she cannot be prosecuted. The bill forbids county coroners, who typically investigate such deaths, from doing so. 

CFC offers the testimony of a number of legal experts who concur that the bill allows infanticide. Here are three of them:

  • AB 2223 is not only a pro-abortion bill – it removes all civil and criminal penalties for killing babies born alive under any circumstances. The bill expressly authorizes any person to facilitate late-term abortions and infanticide without legal repercussions. Life Legal condemns the use of euphemisms like “personal reproductive decisions” and “reproductive justice” to justify and encourage the killing of babies in and outside the womb.

Attorney and Chief Executive Officer Alexandra Snyder of the Life Legal Defense Foundation


  • California lawmakers have crossed a red line by seeking to legitimize the killing of hours-old and even week-old infants. This is not about expanding abortion rights; this is a degree of evil that the overwhelming majority of Americans, regardless of how they identify politically, cannot stomach. We will be working to defeat this insane and diabolical bill.

Attorney Matthew McReynolds with the Pacific Justice Institute


  • AB 2223 seeks to legalize the killing of babies in California after birth. Depending on how the term “perinatal” is interpreted by the courts, this bill legalizes the infanticide of children several weeks after their birth and possibly as late as their first birthday. If this barbaric bill is enacted, there will be no criminal or civil liability for the mother or those who assist her with killing her baby post-birth.

Attorney and President of the National Center for Law and Policy Dean Broyles

The bill comes from the extremely radical California Future of Abortion Council, which is promoting nine different pro-abortion bills. The Abortion Council is a coalition of 40 pro-abortion organizations, “with the support of California’s governor and legislative leadership.”

It was “convened to identify barriers to abortion services and recommend policy proposals supporting equitable and affordable access to abortion care for Californians and all who seek care here.”

In December, the Abortion Council released a report containing 45 policy recommendations, such as paying for women – even from out of state – to be able to obtain an abortion more easily in California, “including the cost of the medical service, distance to the nearest available provider, gas or other transportation needs, lodging, childcare, lost wages due to lack of available or usable sick time, and other necessities such as food during travel.”

The California legislature is looking to be an abortion destination state if and when the U.S. Supreme Court overturns Roe v. Wade.

Legislators are also working to make California a state where infants can be killed after they are born.

Related articles and resources:

Alternatives to Abortion: Pregnancy Resource Centers

California Family Council

Newsom’s Abortion Council Opens the Door to Infanticide

Priority Bills 2022

California Wants to Become an ‘Abortion Sanctuary’ if ‘Roe v. Wade’ is Overturned

Focus on the Family Pro-Life Resources

Focus on the Family Broadcast: Finding Healing and Hope After an Abortion, Part 1 and Part 2

Post-Abortive Recovery Resources

Pro-Life Arguments Explained, Part 1 and Part 2


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