Idaho Abortion Laws
|Code Section||18-601 et seq.|
|Statutory Definition of Illegal Abortion||Provides, 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 Abortion||In 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 Abortion||Felony; fine to $5,000 and/or imprisonment 2 to 5 years; mother, fine to $5,000, and/or imprisonment 1 to 5 years|
|Consent Requirements||Mother 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 Requirements||First 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|
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