Kentucky Abortion Laws
|Code Section||311.710 to 830; 311.990; Various sections held unconstitutional by Eubanks v. Brown, 604 F. Supp. 141 (WD KY 1984).|
|Statutory Definition of Illegal Abortion||Abortion after viability unlawful except to preserve life or health of woman, but abortionist shall take all reasonable steps to preserve the life and health of child; Partial Birth Abortion: unlawful except to preserve life or health of woman|
|Statutory Definition of Legal Abortion||M.D. determines abortion is necessary in his clinical judgement and with second opinion of M.D. and mother supplies informed consent. Permissible during first trimester; after viability of fetus, necessary to preserve life or health of mother|
|Penalty for Unlawful Abortion||Aborting when M.D. did not believe it necessary or did not receive a written referral or violating notice to spouse provisions or violating any regulations on abortions after viability or use of saline method of abortion after first trimester is Class D felony; non-licensed physician performing abortion is Class B felony; performing abortion on viable fetus except to preserve life and health of mother: Class C felony; violating woman's consent provisions or aborting with reckless disregard of whether mother is minor is Class A misdemeanor|
|Consent Requirements||Written informed consent with 24-hour waiting period of mother; of one parent or guardian if mother under 18 and unemancipated, except when medical emergency or by judicial proceedings for court to waive parental consent; doctor must notify spouse if possible prior to abortion, if not possible, within 30 days of abortion [notification of spouse has been held unconstitutional by the attorney general. OAG 82-97.]|
|Residency Requirements for Patients||-|
|Physician Licensing Requirements||First trimester: by a woman upon herself with advice of licensed M.D.; after first trimester, advice of a licensed M.D. except must be in licensed hospital, except in medical emergency|
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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