Dismemberment Abortion Ban Act of 2026

Ban on dismemberment abortions and remedies

If enacted, the bill would make it a federal crime for any physician to knowingly perform a "dismemberment abortion" that kills an unborn child. A convicted physician could be fined under title 18, imprisoned for up to 2 years, or both. It would not apply when the procedure is necessary to save the mother's life from a physical disorder, illness, or injury, including a life-endangering condition caused by the pregnancy. If enacted, a woman who had a prohibited dismemberment abortion, and a parent of a minor so affected, would be able to sue the person who committed the violation; a parent plaintiff would be barred if the pregnancy resulted from the parent's criminal conduct. If enacted, courts could award money for physical and psychological injuries, punitive damages, statutory damages equal to three times the cost of the abortion, and reasonable attorney's fees to a prevailing plaintiff; a prevailing defendant could recover fees only if the court finds the plaintiff's suit frivolous. If enacted, the bill would protect the woman on whom the abortion was performed from criminal prosecution under this section. If enacted, it would define key terms (including "dismemberment abortion" and "abortion"), exclude certain suction-only procedures, and say the ban does not limit abortions done by other methods.