While the enforcement mechanism of Idaho's bill is similar to Texas's Heartbeat Act, the legislation differs from the Lone Star State's in several ways. The Texas law empowers private citizens to file civil lawsuits against those who perform, aid, or abet abortions after a fetal heartbeat can be detected (six weeks gestation). The only exception is for abortions performed during maternal medical emergencies.
Idaho's bill limits the people who can sue under the law, and it limits the people who can be targeted by these lawsuits. Those who can sue include the parents, grandparents, siblings, aunts, or uncles of the preborn child. Only the abortion providers can be targeted in such suits.
The Idaho bill also includes exceptions for rape, incest, and maternal medical emergency.
The Texas Heartbeat Act has remained in place because it is not enforced by the state. Courts have determined that pro-abortion lawsuits challenging the law must select defendants other than the state or its officials.
