Arizona Race and Sex-Selective Abortion Ban (HB 2443)
This law was last updated on Sep 15, 2016
HB 2443 (Susan B. Anthony and Frederick Douglass Prenatal Nondiscrimination Act, codified at Ariz. Rev. Stat. Ann. § 13-3603.02 and 36-2157) prohibits the following:
- Performing an abortion knowing that the abortion is sought based on the sex or race of the child or the race of a parent of that child;
- Using force or the threat of force to intentionally injure or intimidate any person for the purpose of coercing a sex selection or race-selection abortion; or -Soliciting or accepting money to finance a sex-selection or race-selection abortion.
The bill states that the following people may bring a civil action to obtain appropriate relief:
- The father of the unborn child who is married to the mother at the time she receives a sex selection or race selection abortion; and
- The maternal grandparents of the unborn child if the mother is not over the age of 18 years of age at the time of the abortion.
The bill defines “appropriate relief” to mean monetary damages for all injuries, whether psychological, physical or financial.
HB 2443 requires any individual performing or inducing an abortion to sign an affidavit stating that the person making the affidavit is not aborting “the child” because of its sex or race and has no knowledge that “the child” is being aborted because of its sex or race.
Sex-selection abortions are not a widespread problem in the United States. However, anti-choice activists cite three studies documenting the use of sex-selection abortion primarily among a small number of immigrant women. The National Asian Pacific American Women’s Forum notes that a ban similar to this ban “targets and thus limits reproductive health access for Asian American & Pacific Islander women, who anti-choicers say are the ones guilty of this abortion practice. We know the real solution to ending the preference for sons in some families is getting to the root of the problem: gender inequity. If lawmakers truly want to help us, we call on them to promote equal pay, access to education, health equity, and ending violence against women.”
Signed into law by Gov. Jan Brewer on March 29, 2011.