Senators Banks and Kruse have introduced SB 183 which would make it a felony for a doctor to perform an abortion if he or she knows that his or her patient wants the abortion because of the gender of the fetus or because the patient is scared that the patient has Down’s Syndrome or some other genetic abnormality. (A genetic abnormality includes any mental or physical abnormality that is genetically inherited.)
A person may not perform an abortion if the person knows that the pregnant woman is seeking a sex-selective abortion. (Sex selective abortion is defined as one “that is performed solely because of the gender of the fetus.”) Similarly a person may not perform an abortion if the person “knows that the pregnant woman is seeking the abortion solely because the fetus has been diagnosed with Down syndrome or a potential for Down syndrome or “is seeking the abortion solely because the fetus has been diagnosed with a genetic abnormality or a potential for a genetic abnormality.”
Not only would this be a crime, it would also, by statute, give rise to a claim of medical malpractice and wrongful death. (On the other hand, if Sen. Delph’s “loser pays” statute passes, this could give rise to some serious attorney fee liability when the plaintiff couldn’t prove that the doctor knew the pregnant woman’s motivations.) The statute does not say what happens when the pregnant woman has a variety of motivations, among which are concerns about dwarfism. (One of the “genetic abnormalities” specified in the statute.)
Could someone please explain to me how Senators Banks and Kruse think that it’s any of their damn business why a woman makes the difficult decision to terminate a pregnancy??? Abortion in Indiana has a lot of restrictions already placed on it. One of which is that you cannot get an abortion after the fetus is 20 weeks unless you are trying to “prevent a substantial permanent impairment of the life or physical health” of the woman.
The majority of genetic or physical abnormalities are not even detected until the 20 week ultrasound appointment. This includes Down’s, as well as other life threatening or even life ending conditions of the fetus. In other words, Indiana already has a law in place that is preventing this from occurring. So, if a woman finds out that her fetus has an abnormality (even a non-viable / life ending one), she has to leave the state in order to get an abortion. The only other way for her to not continue the pregnancy to term is to have her doctor petition a hospital ethics board to allow for her pregnancy to be induced, for the child to be born, and then for the child to die when no life saving measures are given. A process that is significantly more barbaric and painful for the mother and fetus than a 2nd or 3rd trimester abortion. (And no, I am not referring to a partial birth abortion in this case.)
Beyond all of that, why is it acceptable for anyone to make life altering decisions for a family like this?? Bringing a child into the world who has Down’s or some other significant genetic or physical abnormality results in major, irrevocable changes for that family. Some families have the means, both financially and emotionally, to care for special children. Others, unfortunately, do not. Children with special needs require a lot of extra time, money, and attention – none of which will be given to them by Senators at our Statehouse. I am continually disgusted by this need to insert their morals into private lives.