HB3852 creates the “Partial-Birth Abortion Ban Act of 2025” and establishes a state prohibition on partial-birth abortions in Illinois. The bill defines partial-birth abortion in detail, makes it a Class 4 felony for a person to knowingly perform one and thereby kill a human fetus or infant, and states that the procedure may be performed on a viable fetus only by a physician under narrow conditions: a documented referral from an unaffiliated physician, a joint determination that the mother’s life is endangered by a physical disorder, illness, or injury, and no other medical procedure available to address that condition.
The bill also includes legislative findings asserting that partial-birth abortion is never medically necessary, poses serious health risks, and is distinguishable from other abortion procedures. It expressly states that the act is intended to supplement the federal Partial-Birth Abortion Ban Act of 2003 and relies on the U.S. Supreme Court’s decision in Gonzales v. Carhart as support for the constitutionality of a state ban without a maternal health exception. The bill further provides that the terms “fetus” and “infant” are used interchangeably for purposes of the act.
Impact
If enacted, HB3852 would add a new Illinois statute restricting a specific abortion procedure and creating criminal liability for providers who violate the ban. It would also create a civil cause of action allowing the maternal grandparents of a fetus or infant to seek relief, including damages and treble statutory damages, when the pregnant person is under 18, subject to exceptions where the pregnancy resulted from the plaintiff’s criminal conduct or the plaintiff consented to the abortion. The bill expressly protects the woman from prosecution under the act and related conspiracy or accountability provisions.
Sentiment
The bill text reflects a strongly anti-abortion position and frames the measure as a protection of maternal health, physician integrity, and human life. Because there are no committee transcripts or recorded votes provided, there is no documented legislative debate or bipartisan support in the available materials. The overall sentiment available from the bill itself is clearly supportive of the ban and adversarial toward partial-birth abortion.
Contention
The main points of contention are likely to be the bill’s abortion restrictions, its assertion that no maternal health exception is constitutionally required, and its use of criminal penalties for providers. The civil enforcement provision allowing maternal grandparents to sue in cases involving minors is also notable and could be controversial, especially because it creates a private right of action tied to family members rather than state enforcement alone. Supporters would likely emphasize the bill’s reliance on Gonzales v. Carhart and its stated health and moral findings, while opponents would likely challenge the medical claims, the scope of the ban, and the impact on abortion access and physician discretion.