H.R. 4442 – Equal Right to Life Act

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Updated April 14, 2026 at 8:25 AM UTC

The Equal Right to Life Act would amend Title 18 of the U.S. Code to make it a federal crime for doctors to perform prenatal genetic tests that aim to determine a fetus’s likely sexual orientation, and to perform abortions based on those test results. It imposes prison terms and fines on physicians who conduct such testing or abortions, while protecting patients from prosecution. The bill targets medical providers and seeks to protect unborn children regardless of anticipated sexual orientation.

Key Provisions

Adds a new Section 1532 to Chapter 74 of Title 18, criminalizing any physician who conducts genetic testing to predict a child’s sexual orientation, with penalties of 1–10 years imprisonment and fines.
Makes it a felony for a physician to perform an abortion because of the results of prohibited genetic testing, punishable by at least 10 years in prison or life imprisonment, along with fines.
Specifies that the pregnant patient cannot be prosecuted for seeking or undergoing the abortion, and includes clerical updates to the chapter headings and table of sections to reflect the new provision.

Legislative Activity

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2 earlier actions

HouseCommittee Latest Action

Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.

Constitution and Limited Government Subcommittee

October 28, 2019

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HouseIntro Referral

Introduced in House

September 20, 2019

HouseIntro Referral

Referred to the House Committee on the Judiciary.

Judiciary Committee

September 20, 2019

HouseCommittee

Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.

Constitution and Limited Government Subcommittee

October 28, 2019

Bill Text

Latest available legislative text

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Introduced in HouseIssued September 20, 2019

I

116th CONGRESS

1st Session

H. R. 4442

IN THE HOUSE OF REPRESENTATIVES

September 20, 2019

Mr. Duffy introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend title 18, United States Code, to prohibit prenatal genetic testing and abortions on the basis of sexual orientation, and for other purposes.

1.

Short title

This Act may be cited as the Equal Right to Life Act.

2.

Findings

Congress finds the following:

(1)

A 1993 study of the role of genetics in male sexual orientation found a linkage between DNA markers on the X chromosome.

(2)

A 2019 study found same-sex sexual behavior has a genetic component.

(3)

As science advances, noninvasive prenatal screening for sexual orientation could become a reality in the near future.

(4)

All unborn children, regardless of anticipated sexual orientation, are entitled to a right to life.

3.

Restriction on prenatal genetic testing and abortion based on possible sexual orientation

(a)

In general

Chapter 74 of title 18, United States Code, is amended—

(1)

in the chapter heading by striking Partial-Birth; and

(2)

by inserting after section 1531 the following:

1532.

Prenatal genetic testing and abortion based on possible sexual orientation

(a)

Genetic testing

Any physician who, in or affecting interstate or foreign commerce, performs a genetic test to identify the likely sexual orientation of the child shall be fined under this title and imprisoned for not less than 1 year and not more than 10 years.

(b)

Abortion performed post-Prenatal genetic testing for sexual orientation

Any physician who, in or affecting interstate or foreign commerce, knowingly performs an abortion and thereby kills a human fetus in the case that the mother underwent genetic testing prohibited under subsection (a) and seeks the abortion because of the results of that test, shall be fined under this title and imprisoned for not less than 10 years or imprisoned for life.

(c)

Liability of the patient

A patient upon whom an abortion is performed may not be prosecuted under this section or for a conspiracy to violate this section.

.

(b)

Clerical Amendment

(1)

Chapter 74

The table of sections for chapter 74 is amended by inserting after the item relating to section 1531 the following:

1532. Prenatal genetic testing and abortion based on possible sexual orientation.

.

(2)

Part I

The table of chapters at the beginning of part I of title 18, United States Code, is amended by striking the item relating to chapter 74 and inserting the following:

74.Abortions1531

.