Sex-selective, disability-selective, and other selective abortions and providing a penalty

What it would have done

Summary by the Legislative Reference Bureau, the Legislature's nonpartisan drafting office. It's their wording, not ours.

This bill prohibits a person from performing or inducing or attempting to perform or induce an abortion on a woman if the person knows the woman is seeking an abortion solely because of the race, color, national origin, ancestry, or sex of the unborn child or solely because the unborn child has been diagnosed with or has a potential diagnosis of Down syndrome or another congenital disability. A congenital disability is defined in the bill as any congenital disease, defect, or disorder, except a life-limiting fetal anomaly, which is a profound and irremediable congenital or chromosomal anomaly that is incompatible with sustaining life after birth and does not include any condition that can be treated. The bill allows a claim for damages for a violation of this bill to be brought by a woman on whom an abortion is performed, induced, or attempted; the father of the aborted unborn child or unborn child that is attempted to be aborted, unless the pregnancy is the result of a sexual assault or incest; and, if the woman is a minor at the time or dies as a result of the abortion or attempted abortion, a parent or guardian of the woman on whom an abortion was performed, induced, or attempted. A district attorney or the attorney general may bring an action to enjoin a person who performs, induces, or attempts an abortion in violation of the prohibitions in the bill, and the bill specifies penalties for each violation of an injunction. An allegation that a physician violates the prohibitions in the bill is an allegation of unprofessional conduct that must be investigated by the Medical Examining Board.

Under current law, a woman upon whom an abortion is to be performed or induced must give voluntary and informed written consent to an abortion. Except in a medical emergency, a woman's consent to an abortion is considered informed only if, at least 24 hours before the abortion is performed or induced, the physician or an assistant has, in person, orally provided the woman with certain information and given to the woman certain written materials. If the pregnancy is the result of sexual assault or incest, the 24-hour period, but not the provision of information, may be waived or reduced under certain circumstances. In addition to the current requirement to inform the woman, orally and in writing, of certain information specified under current law, the bill requires the physician or assistant to inform the woman that Wisconsin does not allow an abortion of an unborn child solely because of the unborn child's race, color, national origin, ancestry, sex, or diagnosis or potential diagnosis of Down syndrome or another congenital disability.

Who's behind it

12 senators are its authors⁠. All 12 are Republicans.

24 more lawmakers signed on in support⁠.