§ 20-16-2103 — Prohibition - Down Syndrome

(a) A physician shall not intentionally perform or attempt to perform an abortion with the knowledge that a pregnant woman is seeking an abortion solely on the basis of: (1) A test result indicating Down Syndrome in an unborn child; (2) A prenatal diagnosis of Down Syndrome in an unborn child; or (3) Any other reason to believe that an unborn child has Down Syndrome. (b) (1) Before performing an abortion, the physician performing the abortion shall ask the pregnant woman if she is aware of any test results, prenatal diagnosis, or any other evidence that the unborn child may have Down Syndrome. (2) If the pregnant woman knows of any test results, prenatal diagnosis, or any other evidence that the unborn child may have Down Syndrome, the physician who is performing the abortion shall: (A) Inform the pregnant woman of the prohibition of abortion contained in subsection (a) of this section; and (B) Request the medical records of the pregnant woman relevant to determining whether she has previously aborted an unborn child or children after she became aware of any test results, prenatal diagnosis, or any other evidence that the unborn child may have had Down Syndrome. (3) When the physician performing the abortion is required to request the medical records of the pregnant women under subdivision (b)(2)(B) of this section, the physician shall not perform an abortion until the physician spends at least fourteen (14) days to obtain the medical records described in subdivision (b)(2)(B) of this section. (c) If this section is held invalid as applied to the period of pregnancy prior to viability, then this section shall remain applicable to the period of pregnancy subsequent to viability. (d) This section does not apply to an abortion performed on a pregnant woman if the pregnancy is the result of rape or incest.

Legislative History

Added by Act 2019, No. 619,§ 1, eff. 7/24/2019.