Kentucky Bill Prohibiting Abortion if the Fetus May Have Down Syndrome (HB 455)

HB 455 would prohibit an abortion if the pregnant person is seeking the abortion, in whole or in part, because of a test result indicating Down syndrome in a fetus, a prenatal diagnosis of Down syndrome in a fetus, or any other reason to believe that the fetus has Down syndrome, except in the case of a medical emergency.

The bill would require the attending physician to certify in writing that they do not have knowledge that the pregnant person was seeking the abortion due to the existence or possibility of a Down syndrome diagnosis.

Criminal and Professional Penalties

A physician who violates this provision would have their medical license revoked and would be held liable in a civil action for compensatory and punitive damages and reasonable attorney’s fees to any person, or the representative of the estate of any person, who sustains injury, death, or loss to person or property as the result of the performance or inducement or the attempted performance or inducement of the abortion.

Any person who violates this provision would be guilty of a Class D felony.

The bill clarifies that the pregnant person who receives such an abortion would not be guilty of violating this provision.

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