Federal Ban on Abortions Based Solely on Down Syndrome Diagnosis.
This law establishes a federal prohibition on performing an abortion if the diagnosis of Down syndrome is known to be a motivating factor. Healthcare providers must inquire about such a diagnosis and inform patients about the legal restrictions. Violators face criminal penalties, including fines and up to five years in prison, though the pregnant woman is protected from prosecution.
Key points
Creates a federal offense for performing an abortion based, in whole or in part, on a diagnosis or suspicion of Down syndrome.
Healthcare providers must ask patients about Down syndrome diagnoses and inform them of the prohibition if a diagnosis exists.
Violations can result in criminal charges (up to 5 years imprisonment) and civil lawsuits for damages brought by family members (father, maternal grandparents).
The law mandates reporting suspected violations to law enforcement and treats violations as discrimination under federal disability law.
Status:
Expired
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