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Indiana Sex Selective & Disability Abortion Ban (SB 313)

This law was last updated on Jun 28, 2016

This law is Anti–Choice




SB 313


Failed to Pass


Jan 7, 2016


Primary Sponsors: 2
Total Sponsors: 2


Genetic Anomalies, Informed Consent, Sex- or Race-Selective Bans

Full Bill Text

SB 313 would prohibit a person from performing an abortion if the person knows that the pregnant woman is seeking an abortion solely because of the race, color, national origin, ancestry,  sex of the fetus, or due to a diagnosis or potential diagnosis of the fetus having Down Syndrome or any other disability.

A person who knowingly or intentionally performs an abortion in violation of this provision would be subject to disciplinary actions and civil liability for wrongful death and medical malpractice.

Perinatal Hospice Care

The bill would require the state department to develop a perinatal hospice brochure and post it on the state department’s website with the following information:

  • A description of the health care and other services available from perinatal hospice;
  • Objective scientific information concerning the psychological risks associated with terminating a pregnancy because of the diagnosis of a lethal fetal anomaly;
  • Objective scientific information concerning the outcomes of parents who have received perinatal hospice care;
  • Information that medical assistance benefits may be available for prenatal care, childbirth, and perinatal hospice; and
  • Information regarding telephone 211 dialing code services for accessing grief counseling and other human services.

The state would be required to develop and regularly update a list of all perinatal hospice providers in the United States.

At least 24 hours before an abortion is to be performed on a pregnant woman diagnosed with a lethal fetal anomaly, physicians would be required to orally and in person, inform the pregnant woman of the availability of perinatal hospice service and provide her with the hospice brochure developed by the state department. If the pregnant woman still chooses to go through with the abortion, she would need to certify in writing that she:

  • had received copies of the perinatal hospice information;
  • decided not to continue the pregnancy through perinatal hospice care; and
  • chose to have an abortion.


Similar to HB 1228 and SB 334, both of which failed to pass in 2015.

Similar to HB 1430 and SB 183, both of which failed to pass in 2013.

While this bill failed, similar provisions were added to HB 1337, which was passed and signed into law.