2016 Indiana Code TITLE 16. HEALTH ARTICLE 34. ABORTION CHAPTER 4. SEX SELECTIVE AND DISABILITY ABORTION BAN
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IC 16-34-4
Chapter 4. Sex Selective and Disability Abortion Ban
IC 16-34-4-1
"Any other disability"
Sec. 1. (a) As used in this chapter, "any other disability" means
any disease, defect, or disorder that is genetically inherited. The term
includes the following:
(1) A physical disability.
(2) A mental or intellectual disability.
(3) A physical disfigurement.
(4) Scoliosis.
(5) Dwarfism.
(6) Down syndrome.
(7) Albinism.
(8) Amelia.
(9) A physical or mental disease.
(b) The term does not include a lethal fetal anomaly.
As added by P.L.213-2016, SEC.22.
IC 16-34-4-2
"Down syndrome"
Sec. 2. As used in this chapter, "Down syndrome" means a
chromosomal disorder associated with an extra chromosome 21 or an
effective trisomy for chromosome 21.
As added by P.L.213-2016, SEC.22.
IC 16-34-4-3
"Potential diagnosis"
Sec. 3. As used in this chapter, "potential diagnosis" refers to the
presence of some risk factors that indicate that a health problem may
occur.
As added by P.L.213-2016, SEC.22.
IC 16-34-4-4
"Sex selective abortion"
Sec. 4. As used in this chapter, "sex selective abortion" means an
abortion that is performed solely because of the sex of the fetus.
As added by P.L.213-2016, SEC.22.
IC 16-34-4-5
Sex selective abortion prohibited
Sec. 5. (a) A person may not intentionally perform or attempt to
perform an abortion before the earlier of viability of the fetus or
twenty (20) weeks of postfertilization age if the person knows that
the pregnant woman is seeking a sex selective abortion.
(b) A person may not intentionally perform or attempt to perform
an abortion after viability of the fetus or twenty (20) weeks of
Indiana Code 2016
postfertilization age if the person knows that the pregnant woman is
seeking a sex selective abortion.
(c) This section is severable as specified in IC 1-1-1-8.
As added by P.L.213-2016, SEC.22.
IC 16-34-4-6
Abortion prohibited if a person knows that the pregnant woman is
seeking the abortion solely because the fetus has been diagnosed
with Down syndrome or has a potential diagnosis of Down
syndrome
Sec. 6. (a) A person may not intentionally perform or attempt to
perform an abortion before the earlier of viability of the fetus or
twenty (20) weeks of postfertilization age if the person knows that
the pregnant woman is seeking the abortion solely because the fetus
has been diagnosed with Down syndrome or has a potential diagnosis
of Down syndrome.
(b) A person may not intentionally perform or attempt to perform
an abortion after viability of the fetus or twenty (20) weeks of
postfertilization age if the person knows that the pregnant woman is
seeking the abortion solely because the fetus has been diagnosed
with Down syndrome or has a potential diagnosis of Down
syndrome.
(c) This section is severable as specified in IC 1-1-1-8.
As added by P.L.213-2016, SEC.22.
IC 16-34-4-7
Abortion prohibited if the person knows that the abortion is being
sought solely because the fetus has been diagnosed with any other
disability or has a potential diagnosis of any other disability
Sec. 7. (a) A person may not intentionally perform or attempt to
perform an abortion before the earlier of viability of the fetus or
twenty (20) weeks of postfertilization age if the person knows that
the pregnant woman is seeking the abortion solely because the fetus
has been diagnosed with any other disability or has a potential
diagnosis of any other disability.
(b) A person may not intentionally perform or attempt to perform
an abortion after viability of the fetus or twenty (20) weeks of
postfertilization age if the person knows that the pregnant woman is
seeking the abortion solely because the fetus has been diagnosed
with any other disability or has a potential diagnosis of any other
disability.
(c) This section is severable as specified in IC 1-1-1-8.
As added by P.L.213-2016, SEC.22.
IC 16-34-4-8
Abortion prohibited if the person knows that the abortion is being
sought solely because of the race, color, national origin, or ancestry
of the fetus
Indiana Code 2016
Sec. 8. (a) A person may not intentionally perform or attempt to
perform an abortion before the earlier of viability of the fetus or
twenty (20) weeks of postfertilization age if the person knows that
the pregnant woman is seeking the abortion solely because of the
race, color, national origin, or ancestry of the fetus.
(b) A person may not intentionally perform or attempt to perform
an abortion after viability of the fetus or twenty (20) weeks of
postfertilization age if the person knows that the pregnant woman is
seeking the abortion solely because of the race, color, national origin,
or ancestry of the fetus.
(c) This section is severable as specified in IC 1-1-1-8.
As added by P.L.213-2016, SEC.22.
IC 16-34-4-9
Penalties for performing a prohibited abortion; prohibition on
prosecuting a woman on whom a prohibited abortion is performed
Sec. 9. (a) A person who knowingly or intentionally performs an
abortion in violation of this chapter may be subject to:
(1) disciplinary sanctions under IC 25-1-9; and
(2) civil liability for wrongful death.
(b) A pregnant woman upon whom an abortion is performed in
violation of this chapter may not be prosecuted for violating or
conspiring to violate this chapter.
As added by P.L.213-2016, SEC.22.
Indiana Code 2016
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