Arkansas ‘Down Syndrome Discrimination by Abortion Prohibition Act’ (SB 2)

SB 2 prohibits a physician from intentionally performing or attempting to perform an abortion with the knowledge that the pregnant person is seeking the abortion due to a possibility that the fetus has Down syndrome.

The law prohibits a physician or other person from performing or attempting to perform an abortion if they know the pregnant person wants the abortion based on:

• A test result indicating fetal Down syndrome;
• A prenatal diagnosis of fetal Down syndrome; or
• Any other reason to believe that a fetus has Down syndrome.

The law requires the physician to ask the pregnant person if they are aware of any test results, prenatal diagnosis, or any other reason that the fetus may have Down syndrome.

If the pregnant person knows of any test result, the physician must inform the patient that an abortion due to such a test result is prohibited.

Potential Forced Waiting Period

If the pregnant patient knows of any test result, the physician must request their medical records relevant to determining whether they have previously had an abortion after they became aware of any test results, prenatal diagnosis, or any other evidence that the fetus may have had Down Syndrome.

The physician would be prohibited from performing an abortion until at least 14 days have passed trying to obtain the medical records of the pregnant person.

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People

Legal Cases

• Little Rock Family Planning Services v. Rutledge