Dismemberment Abortion Ban Act of 2026

Life-saving exception for mothers: The bill provides an exception for abortions necessary to save the life of a mother whose life is endangered by physical disorders, illnesses, or injuries, including those caused by pregnancy (Section 2(a)(2)).

Legal protection for women: A woman upon whom a dismemberment abortion is performed is granted immunity from prosecution under this section or related offenses (Section 2(d)).

Civil recourse for victims: Women and parents of minors may bring civil actions to obtain relief, including money damages for physical or psychological injuries, statutory damages, and punitive damages (Section 2(c)(1)-(3)).

Protection of existing abortion access for other methods: The bill clarifies that it does not limit abortions performed by methods other than dismemberment, including those resulting from rape or incest (Section 2(b)).

Criminal penalties for physicians: Physicians who perform a dismemberment abortion that kills an unborn child may be subject to fines or imprisonment for up to 2 years (Section 2(a)(1)).

Financial burden of civil litigation: While providing recourse, the bill allows for the recovery of attorney's fees, and if a defendant prevails because a suit was found to be frivolous, the court may award attorney's fees against the plaintiff (Section 2(c)(4)-(5)).

Legal restrictions on specific medical procedures: Physicians are prohibited from performing procedures that involve dismembering an unborn child with the purpose of causing death and extracting it piece by piece or intact through specific instruments (Section 2(e)(2)(A)).