Heartbeat Protection Act of 2025
Sponsored By: Representative Kelly (PA)
Introduced
Summary
Creates a federal ban on abortions once a fetal heartbeat is detectable. This bill would make knowingly performing such an abortion a federal crime and builds in required heartbeat checks, patient notification, narrow exceptions, and record rules.
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- Physicians would face a fine or up to 5 years in prison for performing abortions without a heartbeat check, without informing the patient of results, or after detecting a heartbeat. They could request a State Medical Board hearing on whether the abortion was necessary to save the mother, and those findings may be used at trial. Courts may delay trial by up to 30 days to allow that hearing.
- Pregnant people would only be eligible for exceptions in limited cases: to save the woman’s life, for adult rape if she received counseling or medical treatment at least 48 hours before the abortion, and for rape or incest against a minor if the assault was reported to a government or law enforcement agency prior to the abortion. The law requires specific documentation in the patient’s medical file to support these exceptions.
- Hospitals and record rules change how exceptions work. Counseling or medical treatment that satisfies the adult-rape exception generally cannot be provided by an abortion facility unless it is a hospital. Documentation retained under this law must follow the federal health data retention standard at 45 CFR 164.530(j)(2).
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Bill Overview
Analyzed Economic Effects
2 provisions identified: 0 benefits, 2 costs, 0 mixed.
Federal abortion ban after heartbeat found
If enacted, doctors would have to check for a fetal heartbeat and tell the patient the result before any abortion. They could not perform the abortion after a heartbeat is found. Breaking this could mean fines or up to 5 years in prison. Exceptions would cover abortions needed to save the mother’s life from physical illness or injury; mental health conditions would not qualify. Adult rape would qualify if she got counseling or medical care at least 48 hours before, or if the rape was reported to law enforcement or Department of Defense victim aid before the abortion. For minors, rape or incest must be reported to child‑protection or police before the abortion. The bill would define abortion to include drugs and prescriptions and define an unborn child from fertilization. A doctor could seek a state medical board review, and the mother would not be charged.
New records and proof for abortion care
If enacted, doctors would have to keep proof of the heartbeat check, the result, and that the patient was told. To use the adult‑rape exception, the doctor would need paperwork showing the woman got counseling or medical care at least 48 hours before the abortion. For minors, the doctor would need proof the rape or incest was reported to child‑protection or police before the abortion. Counseling or treatment used for the adult exception could not come from an abortion clinic unless it is a hospital. Federal health privacy record‑retention rules would apply to these documents and any related consent forms.
Sponsors & CoSponsors
Sponsor
Kelly (PA)
PA • R
Cosponsors
Rep. Smith, Christopher H. [R-NJ-4]
NJ • R
Sponsored 1/23/2025
Aderholt
AL • R
Sponsored 1/23/2025
Crenshaw
TX • R
Sponsored 1/23/2025
Rep. Miller, Mary E. [R-IL-15]
IL • R
Sponsored 1/23/2025
Rep. Burchett, Tim [R-TN-2]
TN • R
Sponsored 1/23/2025
Estes
KS • R
Sponsored 1/23/2025
Rep. Weber, Randy K. Sr. [R-TX-14]
TX • R
Sponsored 1/23/2025
Rep. Baird, James R. [R-IN-4]
IN • R
Sponsored 1/23/2025
Rep. Moolenaar, John R. [R-MI-2]
MI • R
Sponsored 1/23/2025
Webster (FL)
FL • R
Sponsored 1/23/2025
Rep. Guthrie, Brett [R-KY-2]
KY • R
Sponsored 1/23/2025
Hudson
NC • R
Sponsored 1/23/2025
Rep. Ezell, Mike [R-MS-4]
MS • R
Sponsored 1/23/2025
Allen
GA • R
Sponsored 1/23/2025
Rep. Fallon, Pat [R-TX-4]
TX • R
Sponsored 1/23/2025
Crane
AZ • R
Sponsored 1/23/2025
Johnson (SD)
SD • R
Sponsored 1/23/2025
Rep. Fleischmann, Charles J. "Chuck" [R-TN-3]
TN • R
Sponsored 1/23/2025
Bost
IL • R
Sponsored 1/23/2025
LaHood
IL • R
Sponsored 1/23/2025
Kelly (MS)
MS • R
Sponsored 1/23/2025
Rep. Scott, Austin [R-GA-8]
GA • R
Sponsored 1/23/2025
Feenstra
IA • R
Sponsored 1/23/2025
Bilirakis
FL • R
Sponsored 1/23/2025
Rep. Thompson, Glenn [R-PA-15]
PA • R
Sponsored 1/23/2025
Rep. Grothman, Glenn [R-WI-6]
WI • R
Sponsored 1/23/2025
Rep. Moore, Barry [R-AL-1]
AL • R
Sponsored 1/23/2025
Rep. Tenney, Claudia [R-NY-24]
NY • R
Sponsored 1/23/2025
Fulcher
ID • R
Sponsored 1/23/2025
Rep. Mann, Tracey [R-KS-1]
KS • R
Sponsored 1/23/2025
Rep. Guest, Michael [R-MS-3]
MS • R
Sponsored 1/23/2025
Rep. Smucker, Lloyd [R-PA-11]
PA • R
Sponsored 1/28/2025
Rep. Williams, Roger [R-TX-25]
TX • R
Sponsored 1/28/2025
Kustoff
TN • R
Sponsored 1/28/2025
Rep. Harris, Andy [R-MD-1]
MD • R
Sponsored 1/28/2025
Rep. Gosar, Paul A. [R-AZ-9]
AZ • R
Sponsored 1/28/2025
Harris (NC)
NC • R
Sponsored 2/4/2025
Rutherford
FL • R
Sponsored 2/5/2025
Fitzgerald
WI • R
Sponsored 2/7/2025
Biggs (SC)
SC • R
Sponsored 3/10/2025
Rep. Massie, Thomas [R-KY-4]
KY • R
Sponsored 4/27/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov