Sponsors (14)
The bill establishes a federal ban and enforcement framework to protect unborn children diagnosed with Down syndrome—strengthening disability-protection rhetoric and enforcement—at the cost of restricting reproductive autonomy, criminalizing providers and assistants, creating legal uncertainty, and imposing privacy, administrative, and financial burdens on patients, clinicians, and health systems.
People with Down syndrome (the unborn diagnosed prenatally) receive explicit federal legal protection against abortions sought because of that diagnosis.
Affirms that people with disabilities deserve dignity and protection from disability-based discrimination in medical care, creating a federal policy basis for enforcement and awareness.
Creates clear enforcement tools — private civil suits and Attorney General authority with potential civil damages and criminal penalties — which could deter prohibited abortions and provide remedies faster than existing mechanisms.
Pregnant people and their clinicians would have restricted reproductive choices because abortions sought due to a Down syndrome diagnosis would be prohibited at the federal level.
Doctors, clinic staff, and people who assist, fund, or transport women for abortions could face criminal penalties and civil liability, deterring providers and support networks from offering or facilitating care.
Broad definitions of 'abortion' and 'unborn child' (including from fertilization) create legal uncertainty that could criminalize a wide range of reproductive and prenatal care.
Based on analysis of 4 sections of legislative text.
Makes it a federal crime to perform, coerce, fund, or facilitate abortions motivated by Down syndrome, creates civil enforcement and penalties, and defines the unborn from fertilization.
Official title: Amend title 18, United States Code, to prohibit discrimination by abortion against an unborn child on the basis of Down syndrome.
Introduced January 23, 2025 by Steve Daines · Last progress January 23, 2025
Makes it a federal crime to perform, coerce, fund, or facilitate an abortion that is motivated by a diagnosis or reason to believe the fetus has Down syndrome, establishes definitions (including that the unborn are persons from fertilization), creates criminal penalties (up to 5 years and/or fines), and provides a private right of action and enforcement mechanisms plus a severability clause. The bill also contains congressional findings referencing Dobbs and states a federal policy against disability-based discrimination in medical care while directing government roles to prevent disability-motivated abortions.