Banning Abortion in Cases of Down Syndrome: Important Lessons for Advances in Genetic Diagnosis
By Rebecca B. Reingold and Lawrence O. Gostin,
JAMA
| 05. 18. 2018
In December 2017, Ohio passed into law legislation that prohibited physicians from performing abortions if the pregnant woman’s decision was influenced by her belief that the fetus has Down syndrome. Physicians who perform abortions in these cases would face fourth-degree felony charges and revocation of their medical license. No other state bans abortion specifically for Down syndrome, but several ban abortions in cases of genetic diseases. Lower courts have struck down most such laws, holding they violate the constitutional rights of women. In February 2018, a federal district court judge blocked enforcement of Ohio’s law pending a final determination.
The Ohio statute raises compelling legal and ethical issues: Will it interfere with the patient-physician relationship and, in turn, the health outcomes of pregnant women and their children? Should women have to justify their reasons for terminating a pregnancy? The disability rights movement has challenged prevailing stereotypes and advocated for greater integration of persons with disabilities into society. Do these kinds of laws promote support for or detract from more inclusive, nondiscriminatory environments?
Down Syndrome: Current State of Knowledge
In the...
Related Articles
By Rob Stein, NPR [cites CGS' Katie Hasson] | 09.29.2026
Cathy Tie slips on a white lab coat bearing her name and the logo of her startup: Origin Genomics. "Welcome!" she says as she leads an NPR reporter, photographer and videographer on an exclusive tour of Origin's labs located...
By Gaia Ghirardi, Arno Van Hootegem & K. Paige Harden , Nature Human Behaviour | 09.21.2026
Embryo screening for behavioural traits is no longer speculative. If you want to become a parent in the USA today, you can pay to use pre-implantation polygenic testing (PGT-P) of in vitro fertilization (IVF)-created embryos. PGT-P promises to optimize offspring...
By Christina Jewett, The New York Times | 09.14.2026
The Trump administration is accelerating efforts to make artificial intelligence an integral part of medical care in the United States, throwing the resources and support of the federal government into projects that deploy A.I. agents to diagnose and prescribe treatments...
By Terence Keel, Los Ángeles Review of Books | 09.06.2026
This is the 16th installment in the Legacies of Eugenics series, which features essays by leading thinkers devoted to exploring the history of eugenics and the ways it shapes our present. The series is organized by Osagie K. Obasogie in...