The "Ban Offshore Abortion Tourism Act" prohibits abortions in U.S. maritime jurisdiction, with exceptions only to save the life of the mother or in cases of rape or incest that meet certain requirements, and allows civil remedies against abortion providers who violate the law.
Randy Weber
Representative
TX-14
The Ban Offshore Abortion Tourism Act, or BOAT Act, prohibits abortions performed in U.S. maritime jurisdiction, with exceptions only to save the life of the mother or in cases of rape or incest that meet certain requirements. The bill establishes penalties for anyone who performs an illegal abortion in these jurisdictions, while protecting the woman from prosecution. It also allows civil actions against abortion providers who perform illegal abortions, and provides remedies for women and, in certain cases, parents of minors who have undergone such procedures.
New Federal Law Bans Abortions at Sea, with Exceptions for Life-Threatening Cases, Rape, and Incest
The "Ban Offshore Abortion Tourism Act" (BOAT Act) makes it a federal crime to perform an abortion in U.S. maritime jurisdictions—basically, on boats and offshore platforms. This new law, added to Title 18 of the U.S. Code as Section 1532, comes with some serious teeth: fines and up to 5 years in prison for anyone convicted.
Navigating the Waters: Exceptions and Conditions
The law carves out a few key exceptions. An abortion is allowed if it's deemed necessary, based on "reasonable medical judgment," to save the pregnant woman's life due to a physical condition. This does not include psychological or emotional distress. Also, abortions are permitted in cases of rape or incest, but with strict conditions. For adult women, there's a 48-hour window after the rape to get counseling or medical treatment for the assault or related injuries. For minors, the rape or incest must be reported to a child abuse agency or law enforcement before the abortion.
Legal Fallout: Who Can Sue Whom?
This is where things get complicated. The BOAT Act opens the door for civil lawsuits. A woman who undergoes (or even attempts to undergo) an illegal abortion under this law can sue the person who performed it. Parents of a minor who has an abortion under the rape/incest exception can also sue, unless the parent was the perpetrator. These lawsuits can seek damages for physical and psychological harm, plus triple the cost of the abortion, and punitive damages. If the person suing wins, they get their attorney's fees covered. But if the court decides the lawsuit was frivolous, the person who performed the abortion gets their attorney's fees covered.
Real-World Ripple Effects
Let's break this down with a couple of examples. Imagine a woman working on an oil rig in U.S. waters who becomes pregnant due to rape. Under this law, she has just 48 hours to seek medical attention or counseling for the assault if she wants the option of a legal abortion. That's a tight timeframe, especially in a remote work environment. Or consider a doctor working on a cruise ship. If they perform an abortion that doesn't strictly meet the law's narrow exceptions, they could face both criminal charges and a civil lawsuit.
The Bigger Picture: Challenges and Concerns
While the law aims to prevent "abortion tourism," it raises several practical concerns. The 48-hour reporting requirement for rape victims could be a major hurdle. Getting immediate medical care and counseling, especially offshore, might be logistically impossible. The threat of lawsuits, even if ultimately unsuccessful, could make doctors extremely hesitant to perform any abortions in maritime jurisdictions, even in emergencies. The law also leaves room for legal battles over what constitutes "reasonable medical judgment."