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Kentucky Abortion Laws

Explanation of Chart and More Information on 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 AbortionAbortion 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 AbortionM.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 AbortionAborting 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 RequirementsWritten 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 RequirementsFirst 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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