The bill introduces civil action provisions allowing relatives of an unborn child, such as parents or grandparents, to act against abortion providers who violate its terms. This legal framework establishes a path for family members to seek damages and emotional relief due to violations. Additionally, the bill mandates that healthcare professionals proactively inquire about any potential Turner syndrome diagnosis before proceeding with an abortion, which may lead to an increased emphasis on genetic testing in prenatal care.
Summary
House Bill 5167, titled the 'Protecting Girls with Turner Syndrome Act of 2023,' aims to prohibit abortions performed on unborn children diagnosed with Turner syndrome. The bill adds a new section to Title 18 of the United States Code that specifically addresses discrimination by abortion on the basis of this chromosomal disorder. It broadly defines abortion and establishes criteria under which such procedures cannot be performed if the diagnosis of Turner syndrome is involved, effectively targeting decisions made due to the child's potential condition.
Contention
Key points of contention surrounding HB 5167 focus on the implications of restricting abortion access based on specific medical conditions, which critics argue can infringe upon a woman's right to make personal medical decisions. Advocates of reproductive rights express concern that such regulations could set a precedent for further restrictions based on various disabilities or diagnoses. The ongoing debate includes discussions on whether this measure unfairly targets certain conditions while competing with broader reproductive rights issues.
Legal ramifications
Should HB 5167 be enacted, it could significantly alter the legal landscape concerning reproductive health by expanding the definition of rights violations in abortion procedures. The implications extend to legal accountability for healthcare providers and potential criminal liabilities for non-compliance. The bill also includes provisions to maintain the anonymity of women involved in legal actions, aiming to protect their privacy amid legal proceedings related to their reproductive choices.
Protecting Individuals with Down Syndrome Act This bill creates new federal crimes related to the performance of an abortion on an unborn child who has Down syndrome. It subjects a violator to criminal penalties—a fine, a prison term of up to five years, or both. It also authorizes civil remedies, including damages and injunctive relief. A woman who undergoes such an abortion may not be prosecuted or held civilly liable.
Protecting Individuals with Down Syndrome Act This bill creates new federal crimes related to the performance of an abortion on an unborn child who has Down syndrome. It subjects a violator to criminal penalties—a fine, a prison term of up to five years, or both. It also authorizes civil remedies, including damages and injunctive relief. A woman who undergoes such an abortion may not be prosecuted or held civilly liable.
Heartbeat Protection Act of 2023 This bill makes it a crime for a physician to knowingly perform an abortion (1) without determining whether the unborn child has a detectable heartbeat, (2) without informing the mother of the results, or (3) after determining that a unborn child has a detectable heartbeat. A physician who performs a prohibited abortion is subject to criminal penalties—a fine, up to five years in prison, or both. The bill provides an exception for an abortion that is necessary to save the life of a mother whose life is endangered by a physical (but not psychological or emotional) disorder, illness, or condition. It also provides exceptions for certain pregnancies that are the result of rape or incest. A physician who performs or attempts to perform an abortion under an exception must comply with specified requirements. A woman who undergoes a prohibited abortion may not be prosecuted for violating or conspiring to violate the provisions of this bill.