Sponsors (15)
Introduced March 21, 2025 by Ron Estes · Last progress March 21, 2025
The bill aims to protect fetuses with Down syndrome by banning abortions performed for that reason and creating enforcement tools, but in doing so it restricts reproductive choice, raises legal and reporting burdens for clinicians and others, and may reduce access to abortion services while imposing liability and costs on institutions.
People with disabilities (including those with Down syndrome) are explicitly affirmed as having inherent dignity and entitled to nondiscrimination protections.
Pregnant people would be prohibited from obtaining abortions solely because the fetus has a Down syndrome diagnosis, which is intended to reduce selective termination of fetuses with that diagnosis.
Injured parties (women, fathers, maternal grandparents) and state actors (Attorney General) would have an explicit private and public enforcement route to seek civil relief and injunctive orders against violations.
Pregnant people will face reduced reproductive autonomy and access because abortions based solely on a Down syndrome diagnosis would be prohibited and potentially criminalized, limiting their ability to make decisions about pregnancy.
Clinicians and medical staff face heightened legal exposure (civil and criminal liability), mandatory inquiry/reporting obligations, and enforcement risk, likely deterring providers from offering abortion-related care and complicating patient counseling.
People and organizations that help patients travel for care could be criminally liable for transporting patients across state lines, reducing practical access to abortion services where state laws differ.
Based on analysis of 4 sections of legislative text.
Makes it a federal crime to perform, coerce, fund, or facilitate an abortion sought because the unborn child has or may have Down syndrome, with limited life-preserving exceptions.
Creates a federal crime to perform, attempt, assist, fund, or transport someone to obtain an abortion if the provider knows the pregnant woman is seeking it because the unborn child has, or may have, Down syndrome. The law defines key terms, lists limited exceptions (to save the pregnant woman’s life, preserve a live birth and the life/health of a child born alive, or remove a dead unborn child), identifies who may bring certain claims, requires providers to ask about relevant test results and inform women about the prohibition, and establishes criminal penalties and other enforcement tools. A severability clause preserves other parts of the law if any provision is struck down.