Protecting Individuals with Down Syndrome Act

The "Protecting Individuals with Down Syndrome Act" seeks to amend title 18 of the United States Code by prohibiting abortions performed because an unborn child has been diagnosed with Down syndrome. Specifically, it makes it unlawful to perform an abortion with the knowledge that it is sought, in whole or in part, due to a Down syndrome diagnosis. Providers are also required to inquire about such diagnoses and inform the pregnant woman of the prohibition, or face legal consequences. The bill further prohibits using force to coerce such an abortion, soliciting funds for it, or knowingly transporting a woman across state lines for this purpose. Violations of these prohibitions carry significant criminal penalties , including fines and imprisonment for up to five years. The legislation also establishes various civil remedies , allowing the woman upon whom an abortion was performed (if coerced), the father of the unborn child, or maternal grandparents (if the woman is a minor) to bring civil actions. These actions can seek objectively verifiable money damages, including for psychological and physical injuries, punitive damages, and injunctive relief to prevent further violations. Crucially, a woman upon whom an abortion is performed in violation of this act cannot be prosecuted or held civilly liable. Additionally, the bill mandates that medical and mental health professionals report known or suspected violations to law enforcement, with a criminal penalty for failure to comply. It also stipulates that court proceedings related to this section must be expedited and includes provisions to protect the anonymity of the woman involved in such cases. The act clarifies that it does not create or recognize a right to abortion, nor does it preempt any federal, state, or local law that provides greater protections for an unborn child.