Kansas Sex-Selective Abortion Ban (SB 141)

SB 141 would have prohibited a person from performing, attempting to perform, or inducing an abortion with the knowledge that the pregnant woman is seeking the abortion solely due to the sex of the unborn child.

It would have given the woman; the father, if married to the woman; or the woman’s parents or custodial guardian, if the woman is under the age of 18, the right through civil action to obtain relief including money damages for all injuries, psychological and physical; statutory damages equal to three times the cost of the abortion; injunctive relief; and reasonable attorney fees. If the father caused the pregnancy through criminal conduct, he woud not have received the right to civil action.

The bill states that the first conviction of a person who violates this provision would have been guilty of a Class A, person misdemeanor. Upon a second or subsequent conviction, a person would have been guilty of a severity level 10, person felony.

The woman would not have qualified to be prosecuted for conspiracy.

STATUS

Passed Senate on February 20, 2013, but died in House Committee on May 30, 2014.

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