The Dismemberment Abortion Ban Act of 2026 would make it a federal crime for physicians to perform abortions using specific methods that involve dismembering fetal tissue, with violations punishable by up to two years in prison and fines. The bill includes an exception when a dismemberment abortion is necessary to save the life of a pregnant woman facing a life-threatening physical condition, and it explicitly preserves the right to perform abortions using other methods, including in cases of rape or incest. The legislation creates civil liability allowing pregnant women and parents of minors to sue those who perform prohibited dismemberment abortions for damages, including statutory damages of three times the abortion cost plus punitive damages and attorney's fees. Women who undergo these abortions are granted immunity from prosecution. The bill defines dismemberment abortion narrowly to apply to procedures using instruments like forceps, scissors, or clamps but excludes suction-based procedures and removal of deceased fetuses from miscarriages or medical emergencies.
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