HB8603, the Dismemberment Abortion Ban Act of 2026, would amend federal criminal law in Title 18 to create a new offense prohibiting physicians from knowingly performing a “dismemberment abortion” in or affecting interstate or foreign commerce when the procedure kills an unborn child. The bill defines dismemberment abortion in detail, focusing on procedures that use instruments such as clamps, forceps, tongs, or scissors to dismember and remove an unborn child. It sets a criminal penalty of a fine, up to two years’ imprisonment, or both.
The bill includes exceptions and limitations. It would not apply when the procedure is necessary to save the life of the mother in a life-endangering physical condition, and it expressly states that it does not limit abortions performed by other methods, including in cases of rape or incest. It also creates a civil-remedies framework allowing the woman on whom the abortion was performed, and in some cases a parent of a minor, to sue for damages, statutory damages, punitive damages, and attorney’s fees, while barring monetary relief against the woman herself. The bill also provides immunity from prosecution for the woman and amends chapter headings and the table of sections in Title 18 to reflect the new abortion-related provision.
Impact
If enacted, HB8603 would add a new federal abortion-related criminal prohibition to chapter 74 of Title 18 and expand federal enforcement authority over a specific abortion method. It would affect physicians and any other individuals legally authorized by a state to perform abortions, while preserving state licensing definitions for who counts as a physician. The bill would also create a private right of action for certain plaintiffs, potentially increasing civil liability exposure for providers. In addition, it would revise federal statutory headings from “Partial-birth abortions” to “Abortions,” signaling a broader reorganization of the chapter’s framing.
Sentiment
Based on the bill text and the absence of recorded committee debate or votes in the provided materials, the measure appears to be a strongly anti-abortion proposal introduced by a group of Republican House members and referred to the Judiciary Committee. The sponsorship pattern suggests support from members aligned with abortion restrictions. No contrary statements, amendments, or recorded votes are provided, so there is no documented bipartisan negotiation or committee sentiment in the available record.
Contention
The main point of contention is the bill’s restriction on a specific abortion procedure and its creation of both criminal penalties and civil remedies. Supporters are likely to view it as a targeted ban on a particular method of abortion, while opponents would likely object to the federal criminalization of abortion care, the breadth of the definition of “dismemberment abortion,” and the potential chilling effect on physicians. The bill’s exceptions for life-saving care and its statement that other abortion methods remain lawful may be intended to narrow criticism, but the inclusion of civil suits and damages provisions could still be controversial among abortion-rights advocates and medical providers.
Enacts the "life appropriation act" prohibiting state funding for abortions and related costs; regulates abortions and prohibits dismemberment abortions.
Abortion Is Not Health Care Act of 2025This bill excludes amounts paid for an abortion from the itemized tax deduction for qualified medical and dental expenses, subject to exceptions. Under current law, individuals who itemize their tax deductions may deduct qualified medical and dental expenses to the extent that such expenses exceed 7.5% of the individual’s adjusted gross income for the tax year. Further, under current law, the calculation of the itemized tax deduction for medical and dental expenses may include amounts paid for a legal abortion.Under the bill, amounts paid for an abortion may not be claimed as part of the itemized deduction for medical and dental expenses. However, under the bill, amounts paid for an abortion may be included in the itemized deduction for medical and dental expenses if (1) the pregnancy is the result of rape or incest; or (2) a woman is suffering from a physical disorder, injury, or illness (including a life-endangering physical condition caused by or arising from the pregnancy itself) that would, as certified by a physician, place the woman in danger of death if an abortion were not performed.