An Act related to Down syndrome

194th Legislature (2025-2026) Introduced by David DeCoste and 6 co-sponsors

Bill H 1665 prohibits abortions due to a Down syndrome diagnosis, imposing penalties on violators while protecting unborn children and fostering inclusivity for individuals with disabilities.

Accompanied a study order, see H5281 (under House Rule 27)

Purpose and Intent

Bill H 1665, titled "An Act related to Down syndrome," aims to prohibit abortions sought specifically due to a prenatal diagnosis of Down syndrome. The bill is designed to protect unborn children diagnosed with this chromosomal disorder, asserting that such abortions are discriminatory against individuals with Down syndrome.

Key Provisions

The bill includes several significant provisions:

Title and Definitions:

The act is formally known as the “Unborn Victims of Down Syndrome Act.”
It defines key terms, including "abortion," "Down syndrome," and "unborn child."

Prohibition on Abortions:

Section 3(a) prohibits any person from performing or attempting to perform an abortion if they know the procedure is being sought due to a diagnosis of Down syndrome.

Penalties for Violations:

Violators of this prohibition may face severe penalties, including:
- Up to 15 years in state prison or 2.5 years in jail.
- Fines up to $15,000.
Medical professionals found in violation will have their licenses revoked by the relevant boards.

Civil Liability:

Individuals who violate the law may be liable for compensatory and exemplary damages, as well as attorney’s fees to affected parties.

Protection for Pregnant Women:

Pregnant women seeking abortions under these circumstances will not be held criminally liable.

Severability Clause:

If any provision of the act is deemed invalid, the remaining provisions will still be enforceable.

Affected Parties

Medical Professionals: Physicians, physician assistants, certified nurse practitioners, and certified nurse midwives are directly impacted, as they must adhere to the new restrictions or face legal consequences.

Pregnant Women: Women seeking abortions due to a Down syndrome diagnosis will be affected by the limitations imposed by this bill.

Advocacy Groups: Organizations advocating for individuals with disabilities may have a vested interest in the implications of this legislation.

Procedural Aspects

Introduced: The bill was introduced on February 27, 2025.

Committee Review: It has been referred to the Judiciary Committee for further consideration.

Hearing Scheduled: A public hearing is set for November 18, 2025, from 1:00 PM to 5:00 PM in room A-1, where stakeholders can present their views on the bill.

Conclusion

Bill H 1665 seeks to establish legal protections for unborn children diagnosed with Down syndrome by prohibiting abortions sought for this reason. The legislation introduces significant penalties for violations and aims to foster a more inclusive society for individuals with disabilities. The upcoming hearing will provide an opportunity for public discourse on the implications of this bill.

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