Iowa Bill Relating to Feticide (SF 2295)

SF 2295 would amend current law relating to feticide to provide that any person who intentionally terminates a human pregnancy, with the knowledge and voluntary consent of the pregnant person, after the pregnancy reaches one week post-fertilization, where death of the fetus results, commits feticide.

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Current law provides that feticide is committed when a person intentionally terminates a human pregnancy, with the knowledge and voluntary consent of the pregnant person, after the end of the second trimester of the pregnancy, where death of the fetus results.

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Feticide is a class “C” felony. A class “C” felony is punishable by confinement for up to 10 years and a fine of at least $1,000 but not more than $10,000.

Any person who attempts to intentionally terminate a human pregnancy, with the knowledge and voluntary consent of the pregnant person, after the pregnancy reaches one week post-fertilization, where death of the fetus does not result, would be committing attempted feticide.

Attempted feticide is a class “D” felony. A class “D” felony is punishable by confinement for up to five years and a fine of at least $750 but not more than $7,500.

The bill would provide exceptions for abortions performed by licensed physicians when in the termination is performed to preserve the life, but not the health, of the pregnant person or of the fetus or to avert a serious risk to the pregnant person of a substantial and irreversible physical impairment of a major bodily function and every reasonable medical effort not inconsistent with preserving the life of the pregnant person is made to preserve the life of a viable fetus.

The bill would also provide an exception for abortions up to 24 weeks post-fertilization, performed by licensed physicians when the human pregnancy has fetal anomaly incompatible with life.

The bill defines “fetal anomaly incompatible with life” to mean:

[…]a fetal condition diagnosed in utero that, if the pregnancy results in a live birth, will with reasonable certainty result in the death of the child or will result in requiring the provision of life-sustaining procedures to the child after the child’s birth and for the duration of the child’s life.

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People