(CNSNews.com) - The House has approved a bill that would give legal protection to newborn babies that are either breathing or have a heartbeat once they emerge from the womb. Legally, babies "born alive" would be recognized as a "person, human being, child or individual."

The Born-Alive Infants Protection Act passed Tuesday night by voice vote. A similar measure is pending in the Senate.

"It's long overdue that this become law," said Rep. Steve Chabot (R-Ohio), author of the House bill. "It just seems like common sense that when a baby is born, no matter what the circumstances of the birth may have been, even if it was a botched abortion, that the child be treated with basic human dignity."

Rep. Jerrold Nadler (D-N.Y.) said the bill is unnecessary, but pledged his support anyway.

"The courts have been clear," Nadler said. "There is no such thing as a right to a live-birth abortion. A baby born alive is a baby, a human being under the terms of the law in all 50 states and the District of Columbia. This bill merely restates that, so we have no problem with it."

The bill passed on Tuesday does not apply to babies "at any point prior to begin 'born alive.'" The legislation is intended to prevent partial birth abortion, where a baby is partially delivered, then killed. Thirty states already have outlawed the procedure.