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Oregon Abortion Laws

While abortion is generally legal in all states, each state may craft its own abortion laws in different ways to determine access, timing, waiting periods, notice, and consent surrounding the procedure. Many of these statutes can vary, so it's important to know which regulations may apply where you live. This is a brief overview of abortion laws in Oregon.

Oregon Statutes

Compared to other states, Oregon’s abortion statutes are somewhat liberal. Oregon was one of the first states to legalize abortion, and the right to an abortion is protected in the state constitution. There are no designated waiting periods or mandatory ultrasounds or counseling, and minors are not required to inform or gain consent from a parent before the procedure. And while some states have “trigger laws” waiting to prohibit abortion if Roe v. Wade is overturned, Oregon is the opposite, with a law waiting to preserve legal abortions in the state. The details of Oregon’s abortion statutes are listed in the chart below.

Code Section

Oregon Revised Statutes 435.435 et seq.: Termination of Pregnancy

Statutory Definition of Illegal Abortion

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Statutory Definition of Legal Abortion

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Penalty for Unlawful Abortion

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Consent Requirements

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Residency Requirements for Patients

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Physician Licensing Requirements

No M.D. is required to give advice with respect to or participate in any abortion if refusal is based on election not to do so and M.D. so advises patient; no hospital employee or member of medical staff is required to participate in abortions if individual notifies hospital of such election

When Roe v. Wade was decided in 1973, it only seemed to intensify the national debate surrounding abortion and the issue has continued to divide the country. Since that ruling, abortion in the United States has been legal and women have had a constitutional right to choose to end a pregnancy during the first trimester. As noted above, however, state abortion laws have continued to evolve, with states allowed to regulate certain aspects of abortion including the imposition of waiting periods, counseling, and other requirements.

Oregon Abortion Laws: Related Resources

Health care law, and especially the statutes surrounding abortion can be complicated. You can find more information and resources in FindLaw’s sections on Abortion, Birth Control, and Health Care Law. You can also contact an Oregon health care attorney if you would to know your rights and responsibilities under Oregon’s abortion law or would like legal advice regarding an abortion matter.

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