; or (B) terminate the pregnancy of a woman known to be pregnant, with an intention other than— (i) to produce a live birth and preserve the life and health of the child born alive; (ii) to save the life of the pregnant woman; or (iii) to remove a dead unborn child. (2) Down syndrome The term Down syndrome means a chromosomal disorder associated with— (A) an extra copy of the chromosome 21, in whole or in part; or (B) an effective trisomy for chromosome 21. (3) Qualified plaintiff The term qualified plaintiff means— (A) a woman upon whom an abortion is performed or attempted in violation of this section; (B) a maternal grandparent of the unborn child if the woman upon whom an abortion is performed or attempted in violation of this section is an unemancipated minor; (C) the father of an unborn child who is the subject of an abortion performed or attempted in violation of this section unless the pregnancy or abortion resulted from the criminal conduct of the father; or (D) the Attorney General. (4) Unborn child The term unborn child means an individual of the species homo sapiens from the beginning of the biological development of that individual, including fertilization, until the point of being born alive, as defined in section 8(b) of title 1. (b) Offense It shall be unlawful to— (1) perform an abortion— (A) with the knowledge that a pregnant woman is seeking an abortion, in whole or in part, on the basis of— (i) a test result indicating that the unborn child has Down syndrome; (ii) a prenatal diagnosis that the unborn child has Down syndrome; or (iii) any other reason to believe that the unborn child has or may have Down syndrome; or (B) without first— (i) asking the pregnant woman if she is aware of any test results, prenatal diagnosis, or any other evidence that the unborn child has or may have Down syndrome; and (ii) if the woman is aware that the unborn child has or may have Down syndrome, informing the pregnant woman of the prohibitions on abortion under this section