The "Protecting Individuals with Down Syndrome Act" prohibits abortions based on a Down syndrome diagnosis and establishes criminal and civil penalties for violations, while protecting the woman who undergoes the abortion from prosecution.
Ron Estes
Representative
KS-4
The "Protecting Individuals with Down Syndrome Act" prohibits abortions performed due to a prenatal diagnosis or belief that the unborn child has Down syndrome. It establishes criminal penalties for providers who perform such abortions and creates civil remedies for the woman, the father, or the maternal grandparents to sue. The act also mandates reporting of violations, protects the anonymity of the woman, and ensures that the law does not create a right to abortion or override laws that provide greater protection for an unborn child.
Proposed Bill Bans Abortions Based on Down Syndrome Diagnosis, Sets Jail Time and Fines for Doctors
A new piece of legislation, the "Protecting Individuals with Down Syndrome Act," aims to prohibit abortions sought specifically because an unborn child has, or might have, Down syndrome. The bill lays out clear rules: performing an abortion knowing it's due to a Down syndrome diagnosis (or even a suspicion) would become illegal. Doctors would also be required to inform a woman aware of a potential diagnosis about this specific prohibition before proceeding. The stated goal is to prevent discrimination against unborn children based on this disability, citing the inherent value and dignity of individuals with Down syndrome.
The Fine Print: Penalties and Enforcement
So, what happens if a provider violates this? The bill doesn't mince words. Doctors performing an abortion deemed illegal under this act could face hefty fines and up to five years in prison. It also introduces mandatory reporting: other medical professionals who know about or suspect a violation must report it, or they could face fines and up to a year behind bars themselves. This creates a situation where healthcare providers might feel caught between their duty to their patient and the risk of legal trouble.
Beyond criminal charges, the bill opens the door for civil lawsuits. The woman who had the abortion, the father (with exceptions), or even maternal grandparents (if the woman is a minor) could sue the abortion provider. These lawsuits could seek financial compensation for injuries, loss of companionship, punitive damages, and even court orders to stop the provider from performing future abortions that violate this act. While the bill explicitly states the woman undergoing the abortion cannot be prosecuted or sued, the surrounding legal pressure and reporting requirements could significantly impact the patient-provider relationship.
Navigating the New Landscape
This legislation operates against the backdrop of the Dobbs decision, which overturned Roe v. Wade, and existing federal disability protections. It specifically ties violations to discrimination under the Rehabilitation Act of 1973, potentially impacting federal funding. However, a key challenge lies in the practical application. Proving why someone is seeking an abortion can be complex. The bill prohibits abortions where the provider acts "knowing that the pregnant woman is seeking the abortion, in whole or in part," due to Down syndrome. Determining this intent and knowledge could become a significant legal gray area, potentially leading to invasive questioning or reluctance from providers to handle cases where Down syndrome is even a possibility, given the severe penalties involved.