Louisiana Sex-Selective Abortion Ban (HB 701)
This law was last updated on Apr 10, 2015
HB 701 would prohibit a person from intentionally performing or attempting to perform an abortion with knowledge that the pregnant woman is seeking the abortion because of the sex of the unborn child.
Except in case of emergency, a physician would be required to determine the probable postfertilization age of the fetus and if it is ten weeks or more, determine the sex of the fetus. If the sex is determined, the mother must be informed of the sex at least 24 hours before the abortion. If the sex cannot be determined, the mother must be informed that the sex is undeterminable.
The bill would prohibit any penalty from being imposed against the woman upon whom an abortion is performed.
The bill defines “attempt to perform an abortion” and states that the definition shall not be construed to require that an abortion procedure actually be initiated for an attempt to occur.
The law provides for civil penalties and injunctive relief, but prohibits civil penalties from being assessed against the woman upon whom the abortion is performed.
Sex-selection abortions are not a widespread problem in the United States. However, anti-choice activists cite threestudies documenting the use of sex-selection abortion primarily among a small number of immigrant women. The National Asian Pacific American Women’s Forum notes that a ban similar to this ban “targets and thus limits reproductive health access for Asian American & Pacific Islander women, who anti-choicers say are the ones guilty of this abortion practice. We know the real solution to ending the preference for sons in some families is getting to the root of the problem: gender inequity. If lawmakers truly want to help us, we call on them to promote equal pay, access to education, health equity, and ending violence against women.”
Passed the House on May 14, 2015 but died in Senate Committee on Judiciary B.