Gender and the Law Prof Blog

Editor: Tracy A. Thomas
University of Akron School of Law

Sunday, July 6, 2014

North Dakota and Gender Selection Abortion

One blog writers observes

North Dakota’s law bans the practice of so-called sex-selection abortion, making it illegal to terminate a pregnancy based on the gender of the fetus—an issue that reproductive rights advocates have said is “solution in search of a problem that does not exist.”


The law would punish any physician who is caught performing an abortionbecause of the gender of the fetus. Under the law, doctors are required to ask women seeking an abortion a series of questions to determine if the gender of the fetus is a factor inher decision. Women seeking an abortion because of “sex-selection” would face no penalties, while abortion providers could face a class 6 felony, which carries up to a $4,000 fine and two years in prison.


A recent report debunked significant misinformation that has been used to justify sex-selection abortion bans around the country, including North Dakota. “Lawmakers have relied on misinterpretations of narrow data and faulty assumptions about sex selection practices to enact sex-selective abortion bans in the United States,” said Sital Kalantry, clinical professor of law and director of the International Human Rights Clinic at the University of Chicago Law School, in a statement following the release of the report.

Meanwhile, in Indiana, two new laws went into effect.

Reproductive Rights | Permalink


The study says expressly that sex-selective abortion occurs in the United States: "Our study . . . confirms [the occurrence of male-preference sex-selective abortion in] third births of foreign-born Chinese, Indian and Korean families that have already given birth to two girls."

Which, of course, is exactly when you would expect it. Once this is admitted, it's hard to see what the purpose of the other statistics is except obfuscation.

Posted by: Think Like a 1L | Jul 7, 2014 8:27:14 AM

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