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Idaho Abortion Laws

Explanation of Chart and More Information on Abortion Laws

Code Section 18-601 et seq.
Statutory Definition of Illegal AbortionProvides, supplies, administers drugs or substances to woman, or uses instrument with intent to produce abortion. Partial Birth Abortion: Unlawful except when necessary to save the life of the mother when it is physically endangered
Statutory Definition of Legal AbortionIn first and second trimesters: consultation between licensed M.D. and mother determination by M.D. that abortion is appropriate considering various mental, physical, family factors including circumstances of pregnancy (such as rape or incest). Third trimester: must be necessary to preserve life of mother or fetus and M.D. must consult another corroborating physician.
Penalty for Unlawful AbortionFelony; fine to $5,000 and/or imprisonment 2 to 5 years; mother, fine to $5,000, and/or imprisonment 1 to 5 years
Consent RequirementsMother must give "informed consent" after information about development of fetus, adoption and other services, risks, etc.; abortion on minor requires written consent of parent unless minor is emancipated, has been given right to self-consent by court, or court finds abortion without consent of parent is in the best interest of the minor, or where medical emergency exists with no time to obtain consent
Residency Requirements for Patients-
Physician Licensing RequirementsFirst trimester: in hospital or properly staffed clinic or physician's office with arrangements with nearby acute care hospital for complications or emergencies; second trimester: same as first except that procedure must be performed in licensed hospital and in the "best medical interest" of pregnant woman; third trimester: same as second except requires corroboration of consulting M.D. and procedure must be necessary to preserve life of mother or fetus

Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.

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