Dismemberment Abortion Ban Act of 2026
- Sponsor
- Sen. Rounds, Mike [R-SD]
- Committees
- Judiciary Committee (primary)
- Last action
- Jun 24, 2026
Bottom line
This bill seeks to federally ban a specific abortion procedure, imposing criminal penalties on providers and creating civil avenues for legal action, while explicitly allowing other abortion methods.
What it actually does
This bill prohibits physicians from knowingly performing a 'dismemberment abortion' that results in the death of an unborn child, with an exception for saving the life of the mother. It establishes criminal penalties for violating the ban and creates civil remedies allowing women or parents of minors to sue providers who perform such abortions. The bill explicitly states it does not limit other abortion methods.
Proponents argue
Proponents argue the bill protects unborn children from a brutal and inhumane procedure, reflecting moral objections to late-term abortions. They emphasize the life-saving exception for the mother and the clarity that other abortion methods are not targeted, ensuring the bill is narrowly focused.
Opponents contend
Opponents contend the bill interferes with medical decisions, restricts access to necessary healthcare, and could put women's health at risk by limiting safe and common procedures. They may argue the definitions are overly broad, medically inaccurate, or designed to create a chilling effect on abortion providers.
The bill is concise, allowing for a quick and informed review of its provisions.
Section 2(a), 18 U.S.C. 1532(a)
Federal Prohibition of Dismemberment Abortions
This provision makes it a federal crime for any physician to knowingly perform a 'dismemberment abortion' that kills an unborn child, punishable by fines or up to 2 years imprisonment, or both. It includes an exception if the procedure is necessary to save the life of the mother due to a physical disorder, illness, or injury.
Supporters argue
Supporters argue this provision protects the dignity of unborn life by banning a procedure they consider inhumane, while still providing a narrow exception to protect the mother's life.
Critics contend
Opponents contend this provision restricts medical professionals' ability to provide appropriate care, potentially forcing women to undergo less safe or more invasive procedures, or delaying care. They may argue the definition of 'dismemberment abortion' is medically imprecise or encompasses common, safe procedures.
Tradeoffs
The provision balances the protection of unborn life against concerns about access to abortion care and physician autonomy in medical decision-making.
Section 2(b), 18 U.S.C. 1532(b)
Clarification on Permitted Abortion Methods
This section explicitly states that nothing in the Act should be interpreted to limit abortions performed for any reason, including in cases of rape or incest, as long as the method used is not a 'dismemberment abortion' as defined by the bill.
Section 2(c), 18 U.S.C. 1532(c)
Establishment of Civil Actions for Violations
This provision allows a woman who has undergone a prohibited dismemberment abortion, or a parent of a minor who has, to file a civil lawsuit against the person who performed the abortion. Relief can include verifiable money damages for physical and psychological injuries, statutory damages equal to three times the abortion cost, and punitive damages. Attorney's fees are awarded to prevailing plaintiffs, but only to defendants if the suit is found frivolous.
Section 2(d), 18 U.S.C. 1532(d)
Immunity from Prosecution for Women
This section explicitly states that a woman upon whom a dismemberment abortion is performed cannot be prosecuted under this Act, for conspiracy to violate it, or for related offenses under other sections of title 18.
Section 2(e), 18 U.S.C. 1532(e)
Key Definitions for Abortion and Dismemberment Abortion
This section defines 'abortion' broadly to include intentionally killing an unborn child or terminating a pregnancy with specific exceptions. Crucially, it defines 'dismemberment abortion' as knowingly dismembering an unborn child and extracting it piece by piece or intact but crushed, using specific instruments. It excludes suction abortions unless dismemberment instruments are also used, and procedures to remove a deceased unborn child from miscarriage or medical emergency.
Defines 'unborn child' as 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.'
Section 2(e)(5)
Why it matters:Standard legislative practice to put definitions at the end, but this definition is foundational to the entire bill's scope and intent.
Case for: Proponents argue this definition provides a clear biological starting point for the protections afforded by the bill, aligning with a pro-life stance that life begins at conception.
Case against: Opponents argue that defining 'unborn child' from fertilization has significant legal and ethical implications, potentially extending personhood rights in ways that could challenge other aspects of reproductive healthcare beyond this specific bill.
Estimated impact: Establishes the legal scope of 'unborn child' for the purposes of this specific federal statute, potentially influencing future legal interpretations.
States that any individual not legally authorized to perform abortions who nevertheless directly performs a prohibited abortion shall be subject to the section in the same manner as a physician.
Section 2(e)(4)(B)
Why it matters:While technically a definition, it expands the scope of criminal liability beyond licensed physicians to any individual performing the prohibited act.
Case for: Proponents argue this ensures that individuals who perform these procedures without proper authorization are held equally accountable under the law, preventing loopholes.
Case against: Opponents might argue that this provision could disproportionately affect individuals in emergency situations or those assisting in care without formal medical licensure, though the primary target is unauthorized practitioners.
Estimated impact: Broadens the potential pool of individuals subject to criminal penalties under the Act.