Sponsors (16)
The bill aims to protect people with Down syndrome from being targeted for abortion by prohibiting abortions based solely on that diagnosis and creating enforcement paths, but it does so by restricting reproductive choice and imposing legal, reporting, and financial burdens on providers and institutions that are likely to reduce access to abortion care and raise legal and privacy risks.
People with disabilities (including those with Down syndrome) and their dignity are explicitly affirmed and Congress is directed to prohibit abortions performed solely because of a Down syndrome diagnosis, aiming to prevent discriminatory, selective terminations.
The prohibition is intended to reduce terminations based solely on a Down syndrome diagnosis, which could increase births of children with Down syndrome and support disability inclusion efforts.
The bill creates civil enforcement avenues — injured women, fathers, maternal grandparents, and state Attorneys General can seek civil relief and injunctions against violators.
Pregnant people lose the ability to obtain abortions when the stated reason is a Down syndrome diagnosis, substantially restricting reproductive autonomy and decision-making about their pregnancies.
Clinicians and medical staff face new civil/criminal liability risks and mandatory reporting duties (including asking about test results and reporting suspected violations), which is likely to deter providers from offering abortion care and complicate clinical practice.
People may be criminally liable for transporting patients across state lines for abortion care, reducing access especially for those in states with restrictive laws and complicating interstate care.
Based on analysis of 4 sections of legislative text.
Makes it a federal crime to perform or facilitate an abortion when done because the unborn child has or may have Down syndrome and requires providers to question and inform patients about this prohibition.
Official title: To amend title 18, United States Code, to prohibit discrimination by abortion against an unborn child on the basis of Down syndrome.
Introduced March 21, 2025 by Ron Estes · Last progress March 21, 2025
Creates a federal criminal prohibition on performing, coercing, funding, facilitating, or transporting a woman to obtain an abortion if the abortion is sought because the unborn child has or may have Down syndrome. It requires providers to ask whether the pregnant woman has test results or a diagnosis indicating Down syndrome, informs certain parties (pregnant woman, maternal grandparent in limited cases, father, Attorney General) may bring civil actions, and sets fines and prison terms for violations. The law defines “unborn child” from the beginning of biological development and includes a severability provision.