The issue of abortion in the U.S. has historically been highly controversial with passionate advocates on both sides of the spectrum. Federal law protects a woman's right to choose an abortion since the landmark U.S. Supreme Court decision in Roe v. Wade in 1973. Some states have limited access to abortion through legislation and other means, as pressure from both sides of the debate have made abortion a highly volatile area of law.
Ohio Abortion Laws
In Ohio, there are a number of restrictions imposed upon abortion. Here are a few:
The basic provisions of Ohio abortion laws are listed in the following chart. See FindLaw's Reproductive Rights section for additional articles and resources.
|Code Section||2919.11 to 18|
|Statutory Definition of Illegal Abortion||(1) Failure to obtain informed consent; (2) taking life of fetus born alive or failing to provide reasonable medical attention to same; after viability, purposeful termination of a human pregnancy by any person, including the mother herself, with the intention other than to produce a live birth or remove a dead fetus|
|Statutory Definition of Legal Abortion||Performed or induced by a physician who determines in good faith that the fetus is not viable or to prevent the death or serious bodily injury of the pregnant woman|
|Penalty for Unlawful Abortion||Violators guilty of unlawful abortion: first degree misdemeanor; second violation: fourth degree felony; purposely terminating child born alive or failing to take measures to save its life: guilty of abortion manslaughter, first degree felony|
|Consent Requirements||Informed consent of mother; if mother is unemancipated minor, parental informed consent also required with 24 hrs. "actual notice"; court may authorize minor to consent without parental notification; other family members over 21 may issue consent if minor in danger of physical, sexual, or emotional abuse from parent; constructive notice (of at least 48 hrs.) by both certified and ordinary mail allowed if parents or family members cannot be reached with reasonable effort|
|Residency Requirements for Patients||-|
|Physician Licensing Requirements||Licensed physician|
Note: State laws are constantly changing -- contact an Ohio constitutional attorney or conduct your own legal research to verify the state law(s) you are researching.
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Ohio Abortion Laws: Related Resources
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