Dismemberment Abortion Ban Act of 2026

Key Points

• This bill would make it a federal crime for any physician to knowingly perform a "dismemberment abortion" that kills an unborn child. Doctors who violate the law could face fines, up to two years in prison, or both.
• The ban includes an exception when the procedure is needed to save the life of the mother from a physical disorder, illness, or injury, including conditions caused by the pregnancy itself. It does not restrict abortions performed by other methods, even in cases of rape or incest.
• Women who undergo the banned procedure cannot be criminally charged. However, the woman or a parent of a minor can file a civil lawsuit against the doctor for money damages, including triple the cost of the abortion and punitive damages.
• The bill defines "dismemberment abortion" as using instruments like clamps, forceps, tongs, or scissors to dismember and extract an unborn child piece by piece. Suction-based procedures are not included in the ban, nor are procedures to remove a fetus that died from miscarriage or medical emergency.
• The bill defines "unborn child" as beginning at fertilization, and it would amend federal criminal code chapter 74, broadening the chapter heading from "Partial-Birth Abortions" to simply "Abortions."