Relative to Down syndrome
Should HB 1785 be enacted, it would significantly impact existing reproductive rights in Massachusetts. Specifically, the act introduces punitive measures for medical professionals who contravene this prohibition, including potential imprisonment and the revocation of medical licenses. There are provisions for civil liabilities, allowing individuals impacted by illegal abortions based on Down syndrome diagnoses to pursue compensatory and exemplary damages. This legal framework signals a substantial shift in how reproductive health issues tied to genetic conditions are approached within the state's legal system.
House Bill 1785 concerns the prohibition of abortions on the grounds of a diagnosis of Down syndrome in unborn children. The bill proposes the establishment of a new chapter in the General Laws of Massachusetts known as the 'Down Syndrome Act.' Under this act, it becomes illegal for any individual to perform or induce an abortion when they are aware that the pregnant woman is seeking the procedure, in whole or in part, because a test has indicated the presence of Down syndrome or due to any reasons suggesting the potential existence of Down syndrome in the unborn child.
The bill has generated notable controversy and debate among legislators and advocacy groups. Supporters argue that it aims to protect the lives of unborn children diagnosed with Down syndrome, viewing it as an important step towards ensuring equal rights and opportunities for individuals with disabilities. Conversely, opponents contend that it infringes upon women's rights to make personal medical decisions regarding their pregnancies. Critics assert that such legislation could undermine reproductive autonomy, especially by imposing additional emotional and legal burdens on women who may already face difficult choices concerning their health and familial circumstances.