Ban on Abortions Performed for Reasons of Sex Selection, Potential Genetic Deformity, or Potential Disability

 

 

Drafter’s Note: AUL is providing this model to spark and encourage discussion about the need for states to ban abortions performed for reasons of sex selection and potential genetic deformities or disabilities as identified during prenatal care or testing. This model was drafted as proposed federal legislation, but could be adapted for the States. However, this model should not be introduced or filed in any legislature without consulting AUL or other counsel familiar with abortion law and jurisprudence.

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To prohibit the use of abortion to screen children on the basis of sex, genetic deformity, or disability.

 

Section 1. Short Title

 

This Act may be cited as the "Abortion Act of [insert appropriate year]."

 

Section 2. Findings

 

The Congress finds and declares the following:

 

In regards to sex-selection abortion:

  1. Sex-selection abortion is used to prevent the birth of a child of an undesired sex. The victims of sex-selection abortion are overwhelmingly female.
  2. The United States, along with other countries, has petitioned the United Nations General Assembly to declare sex-selective abortion a crime against women.
  3. Countries such as India, Great Britain, and China have taken steps to end sex-selective abortion. China and India do not allow doctors to reveal the sex of an unborn child.
  4. Women are a vital part of our society and culture and possess the same fundamental human rights as men.
  5. The United States prohibits discrimination on the basis of sex in various areas, including: employment, education, athletics, and health insurance.
  6. It is undesirable to have a sex imbalance within a society, particularly when there is a shortage of women. Countries with high rates of male-preference have experienced ill effects due to an increasing number of young unmarried men.
  7. A large population of young unmarried men can be a cause of increased violence and militancy within a society.
  8. There is currently no evidence of a strong preference for males among American citizens. However, because of Congress’s commitment to the equality of women and desire to never face a sex-imbalance problem, it considers sex-selective abortion to be a problem worthy of a prohibition.
In regards to abortion and Down Syndrome:
  1. Studies have revealed that unborn children that are diagnosed with Down Syndrome or a potential for Down Syndrome are disproportionately aborted.
  2. Studies have found that between 70% and 100% of unborn children diagnosed with Down Syndrome are aborted.
  3. Recent years have seen an increase in the use of amniocentesis to diagnose health problems in unborn children.
  4. Amniocentesis often gives correct results, but there are many false-positives.
  5. Roughly 1 in every 700 to 1,000 children is born with Down Syndrome.
  6. Down Syndrome is not considered a severe disability.
  7. In various circumstances, the United States prohibits discrimination against persons with Down Syndrome.
  8. In many situations, such as education, the United States requires that concessions be made for the benefit of persons with Down Syndrome.
  9. Persons with Down Syndrome contribute to American culture and are a valuable part of our society.
  10. Many persons with Down Syndrome are able to maintain employment, obtain an education, and live with varying degrees of independence.
  11. As technology advances and as medical treatments and educational methods improve, persons with Down Syndrome will increasingly be self-dependent and productive citizens.
  12. Persons with Down Syndrome possess the same fundamental human rights as all other human beings.
    In regards to abortion and genetic abnormalities:
  1. Studies have revealed that unborn children that are diagnosed with a genetic abnormality or a potential for genetic abnormality are often aborted.
  2. Studies have found that between 70% and 100% of unborn children diagnosed with abnormalities are aborted.
  3. Recent years have seen an increase in the use of amniocentesis and other prenatal testing to diagnose health problems in unborn children.
  4. Amniocentesis and other testing often gives correct results but also gives false-positives.
  5. There are approximately 4,000 known genetic abnormalities.
  6. The United States prohibits discrimination against persons with physical or mental deformities or handicaps in various circumstances such as housing and employment.
  7. In many situations the United States requires that concessions be made for the benefit of persons with physical or mental handicaps.
  8. Persons with physical or mental deformities contribute to American culture and are a valuable part of our society.
  9. Many persons with physical or mental deformities are able to support themselves financially, obtain an education, and live independently.
  10. As technology advances and as medical treatments and educational methods improve, persons with physical or mental deformities will increasingly be self-dependent and productive citizens.
  11. Persons with physical or mental deformities possess the same fundamental human rights as all other human beings.

Section 3. Sex Selection Abortion

  1. No person, in or affecting interstate or foreign commerce, may intentionally perform an abortion with knowledge that the pregnant woman is seeking the abortion solely on account of the sex of the unborn child.
  2. Section 3 shall not be construed to proscribe the performance of an abortion on account of the sex of the unborn child because of a genetic disorder linked to that sex.
  3. If Section 3 is held invalid as applied to the period of pregnancy prior to viability, then it shall remain applicable to the period of pregnancy subsequent to viability.

Section 4. Abortion for Down Syndrome

 

  1. No person, in or affecting interstate or foreign commerce, may intentionally perform an abortion with knowledge that the pregnant woman is seeking the abortion solely because the unborn child has been diagnosed with either:
    1. Down Syndrome, or
    2. a potential for Down Syndrome.
  2. As used in this section, "Down Syndrome" refers to a chromosome disorder associated either with an extra chromosome 21 (in whole or in part) or an effective trisomy for chromosome 21. Down Syndrome is sometimes referred to as trisomy 21 syndrome.
  3. If Section 4 is held invalid as applied to the period of pregnancy prior to viability, then it shall remain applicable to the period of pregnancy subsequent to viability.

Section 5. Abortion for Genetic Abnormality

 

  1. No person, in or affecting interstate or foreign commerce, may intentionally perform an abortion with knowledge that the pregnant woman is seeking the abortion solely because the unborn child has been diagnosed with either:
    1. a genetic abnormality, or
    2. a potential for a genetic abnormality.
  2. As used in this section, a "genetic abnormality" is any defect, disease, or disorder that is inherited genetically. The term genetic abnormality includes, but is not limited to: any physical disability, any mental disability or retardation, any physical disfigurement, scoliosis, dwarfism, Down Syndrome, albinism, Amelia, or any other type of physical or mental abnormality or disease.
  3. If Section 5 is held invalid as applied to the period of pregnancy prior to viability, then it shall remain applicable to the period of pregnancy subsequent to viability.

Section 6. Severability

 

If any provision, word, phrase, or clause of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the provisions, words, phrases, clauses, or applications of this Act which can be given effect without the invalid provision, word, phrase, clause or application and to this end, the provisions, words, phrases, and clauses of this Act are declared severable.

 

Section 7. Enforcement & Penalties

  1. Any person who intentionally, knowingly or recklessly violates the provisions of this Act commits a felony. Violators of this Act shall be fined under this title or imprisoned not more than two (2) years, or both.
  2. If an individual is medically licensed by a State and has performed an abortion prohibited by this Act, that State must suspend or revoke the individual’s medical license. States that allow an individual who has performed an abortion prohibited under this Act to continue without suspension or revocation of medical license shall forfeit all federal grant money related to the spending power of the Attorney General under the Controlled Substances Act, 21 U.S.C. § 873, et seq. (2006).

Section 8. Effective Date

 

This law becomes effective on _______________________________.