Protecting Individuals with Down Syndrome Act
Sponsored By: Representative Estes
Introduced
Summary
Would ban abortions performed because an unborn child has or may have Down syndrome and create criminal and civil penalties for violators. It would also require certain providers to ask patients about test results, inform them of the prohibition, and report suspected violations.
Show full summary
- Pregnant women: The bill would bar criminal prosecution of the woman and provides court privacy measures like sealed records and use of pseudonyms.
- Health care providers: Providers would be prohibited from performing abortions when they know the procedure is sought because of a Down syndrome test or diagnosis. They must ask about test results, inform the patient of the prohibition, report suspected violations, and face fines and up to 5 years in prison for violating the rule.
- Fathers, maternal grandparents, and the Attorney General: These qualified plaintiffs could bring civil suits for money damages, injunctive relief, and attorney fees, with exceptions if the plaintiff consented or committed related crimes.
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Bill Overview
Analyzed Economic Effects
6 provisions identified: 2 benefits, 3 costs, 1 mixed.
New lawsuits and damages for families
This bill would let a woman, certain relatives, and the Attorney General sue over a prohibited abortion. Courts could award money for physical and psychological harm, loss of support, and punitive damages. Judges could also order providers to stop further violations, and winning plaintiffs could get attorney’s fees. Relatives could sue only in limited cases and not if the pregnancy or abortion resulted from their criminal conduct or consent. The woman would not be prosecuted under this section.
Ban on Down syndrome-based abortions
This bill would ban abortions when done because of a Down syndrome test, diagnosis, or suspicion. Providers would need to ask the patient if she knows of any such results and, if so, inform her about the ban before proceeding. It would also make it a crime to use force to coerce, to pay for, or to knowingly transport someone to get such an abortion. Violators could face fines and up to 5 years in prison.
Health workers must report suspected violations
This bill would require doctors, nurses, counselors, and similar health workers to report known or suspected violations to law enforcement. Failing to report could bring fines and up to 1 year in jail.
Violations treated as disability discrimination
If enacted, a violation would count as disability discrimination under the Rehabilitation Act. The government could require fixes and could withhold federal funds from violators.
Faster courts and privacy protections
Federal courts would have to move these cases ahead quickly. Courts would protect a woman’s identity unless the Constitution requires disclosure. Records could be sealed, some people could be excluded from the courtroom, and private plaintiffs would use a pseudonym. Defendants would still get the identity information they need to defend the case.
State rules preserved; severability clause
This bill would not override stricter federal, state, or local laws that protect unborn children. It would not create a right to abortion. If a court strikes part of the bill, the rest would stay in effect where it can still work.
Sponsors & CoSponsors
Sponsor
Estes
KS • R
Cosponsors
Rep. Tenney, Claudia [R-NY-24]
NY • R
Sponsored 4/7/2025
Rep. Miller, Mary E. [R-IL-15]
IL • R
Sponsored 4/7/2025
Bost
IL • R
Sponsored 10/28/2025
Aderholt
AL • R
Sponsored 10/28/2025
Rep. Moolenaar, John R. [R-MI-2]
MI • R
Sponsored 10/28/2025
Timmons
SC • R
Sponsored 10/28/2025
Stutzman
IN • R
Sponsored 10/31/2025
Rep. Mann, Tracey [R-KS-1]
KS • R
Sponsored 10/31/2025
Sessions
TX • R
Sponsored 10/31/2025
Rep. Moore, Barry [R-AL-1]
AL • R
Sponsored 10/31/2025
Rep. Fry, Russell [R-SC-7]
SC • R
Sponsored 11/7/2025
Rep. Self, Keith [R-TX-3]
TX • R
Sponsored 11/7/2025
Rep. Weber, Randy K. Sr. [R-TX-14]
TX • R
Sponsored 11/7/2025
Rep. Williams, Roger [R-TX-25]
TX • R
Sponsored 12/17/2025
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov