Federal Bill Criminalizes Abortions Based on Down Syndrome Diagnosis, Imposes 5-Year Prison Sentence for Violating Providers

The “Protecting Individuals with Down Syndrome Act” is a major piece of legislation that creates a new federal crime: performing an abortion solely because the unborn child has been diagnosed with Down syndrome. This law directly ties the decision to terminate a pregnancy to a specific medical diagnosis, making it illegal for a provider to perform the procedure if they know, or have reason to believe, the diagnosis is the reason for the abortion (SEC. 3).

The New Federal Crime and Its Consequences

This bill doesn’t just stop at banning the procedure; it brings serious federal penalties. Any medical professional who violates this new law faces a fine, up to five years in federal prison, or both. This is a huge shift, as it inserts the federal criminal justice system directly into the doctor-patient relationship when a Down syndrome diagnosis is involved. Furthermore, the bill mandates that before performing any abortion, the provider must ask the woman if she is aware of any evidence suggesting Down syndrome and inform her about the prohibition (SEC. 3).

Mandatory Reporting and the Confidentiality Crunch

If you work in healthcare—whether you’re a doctor, nurse, or counselor—this bill creates a high-stakes compliance nightmare. The law requires medical professionals to report any known or suspected violations to law enforcement. Failing to report carries its own penalty: a fine and up to one year in prison. This puts providers in an impossible bind, potentially forcing them to choose between patient confidentiality and avoiding criminal charges themselves. For a typical family practitioner, this means a routine counseling session about genetic testing results could turn into a mandatory police report, completely eroding trust and professional ethics (SEC. 3).

Opening the Door to Civil Lawsuits

Beyond criminal penalties, the law creates a robust mechanism for civil lawsuits. The woman upon whom the prohibited abortion was performed can sue anyone involved for damages, including for psychological and physical injuries. Critically, the law also grants “qualified plaintiff” status to the father or the maternal grandparent (if the mother was a minor) to sue for damages, provided they were not criminally involved in the pregnancy or consented to the abortion. This provision introduces third parties—who may be estranged or hostile—into a deeply personal medical decision, allowing them to sue the provider and potentially the woman’s support system for financial damages, including punitive damages (SEC. 3).

What This Means for Everyday People

For families navigating a difficult prenatal diagnosis, this law limits options and increases legal risk. A woman deciding how to proceed after receiving a Down syndrome diagnosis will now be doing so under the threat of her provider facing a federal prison sentence. For providers, this could lead to a chilling effect: doctors might become hesitant to offer genetic testing or detailed counseling for fear that the results could trigger a criminal investigation or a civil lawsuit. The law explicitly protects the woman from prosecution or civil liability under this section, but the enforcement mechanisms around her—the provider criminalized, the family members empowered to sue—create immense pressure and restrict access to care (SEC. 3).