HR 8603
Dismemberment Abortion Ban Act of 2026
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Bill overview
This bill, the Dismemberment Abortion Ban Act of 2026, prohibits a specific type of abortion known as ‘dismemberment abortion,’ defined as the intentional dismemberment of a fetus with the purpose of causing its death. It creates a federal criminal penalty for physicians who perform such abortions, as well as civil remedies for women who have undergone the procedure and their parents. The bill also includes provisions regarding attorney’s fees and protects women from prosecution related to these abortions.
Key provisions
- Prohibits ‘dismemberment abortion’ as defined by the bill.
- Establishes a federal criminal penalty of up to 2 years in prison for physicians who perform the procedure.
- Allows civil lawsuits by women and their parents against physicians who perform the procedure.
- Provides for monetary damages, statutory damages, and punitive damages in civil lawsuits.
- Specifies attorney’s fees for prevailing plaintiffs and defendants in civil actions.
- Protects women who undergo the procedure from prosecution.
- Defines ‘dismemberment abortion’ with specific instruments and methods prohibited.
- Clarifies that the bill does not prohibit abortions performed for rape or incest if performed by other methods.
Who is affected
- Physicians performing abortions
- Women seeking abortions
- Parents of minors seeking abortions
- The abortion industry
- Healthcare providers
Notable changes
Sponsors
Official sponsors from legislative records.
Primary sponsor
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119th CONGRESS — 2d Session
H. R. 8603
IN THE HOUSE OF REPRESENTATIVES
A BILL
To amend title 18, United States Code, to prohibit dismemberment abortions, and for other purposes.
This Act may be cited as the Dismemberment Abortion Ban Act of 2026
.
Chapter 74 of title 18, United States Code, is amended by inserting after section 1531 the following:
Any physician who, in or affecting interstate or foreign commerce, knowingly performs a dismemberment abortion and thereby kills an unborn child shall be fined under this title or imprisoned not more than 2 years, or both. This subsection does not apply to a dismemberment abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.
Nothing in this section shall be construed to limit abortions performed for any reason, including when the pregnancy is a result of rape or incest, if performed by a method other than dismemberment abortion.
A woman upon whom an abortion has been performed in violation of any provision of this section may, in a civil action against any person who committed the violation, obtain appropriate relief.
A parent of a minor upon whom an abortion has been performed in violation of any provision of this section may, in a civil action against any person who committed the violation obtain appropriate relief, unless the pregnancy resulted from the plaintiff’s criminal conduct.
Appropriate relief in a civil action under this subsection includes—
objectively verifiable money damages for all injuries, psychological and physical, occasioned by the violation;
statutory damages equal to three times the cost of the abortion; and
punitive damages.
The court shall award a reasonable attorney’s fee as part of the costs to a prevailing plaintiff in a civil action under this subsection.
If a defendant in a civil action under this subsection prevails and the court finds that the plaintiff’s suit was frivolous, the court shall award a reasonable attorney’s fee in favor of the defendant against the plaintiff.
Except under paragraph (5), in a civil action under this subsection, no damages, attorney’s fee or other monetary relief may be assessed against the woman upon whom the abortion was performed or attempted.
A woman upon whom a dismemberment abortion is performed may not be prosecuted under this section, for a conspiracy to violate this section, or for an offense under section 2, 3, or 4 of this title based on a violation of this section.
In this section—
The term abortion means the use or prescription of any instrument, medicine, drug, or any other substance or device—
to intentionally kill the unborn child of a woman known to be pregnant; or
to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than—
after viability to produce a live birth and preserve the life and health of the child born alive; or
to remove a dead unborn child.
The term dismemberment abortion—
means, with the purpose of causing the death of an unborn child, knowingly dismembering an unborn child and extracting such unborn child one piece at a time or intact but crushed from the uterus through the use of clamps, grasping forceps, tongs, scissors or similar instruments that, through the convergence of two rigid levers, slice, crush, or grasp a portion of the unborn child’s body in order to cut or rip it off or crush it; but
does not include—
an abortion which uses suction to dismember the body of the unborn child by sucking fetal parts into a collection container unless the actions described in subparagraph (A) are used to cause the death of an unborn child but suction is subsequently used to extract fetal parts after the death of the unborn child; or
whose death was the result of a miscarriage or a medical emergency; or
who otherwise died not as the result of intervening action by a physician to cause such death in preparation for performing the actions described in subparagraph (A).
The term minor means an individual who has not attained the age of 18 years.
The term physician means a doctor of medicine or osteopathy legally authorized to practice medicine and surgery by the State in which the doctor performs such activity, or any other individual legally authorized by the State to perform abortions: Provided, however, That any individual who is not a physician or not otherwise legally authorized by the State to perform abortions, but who nevertheless directly performs an abortion prohibited in this section shall be subject to the provisions of this section.
The term unborn child means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive as defined in section 8(b) of title 1.
The table of sections at the beginning of chapter 74 of title 18, United States Code, is amended by adding at the end the following new item:
The chapter heading for chapter 74 of title 18, United States Code, is amended by striking Partial-birth abortions
and inserting Abortions
.
The item relating to chapter 74 in the table of chapters at the beginning of part I of title 18, United States Code, is amended by striking Partial-birth abortions
and inserting Abortions
.