Tennessee Abortion Laws
|Code Section||39-15-201 to 209; 37-10-301 to 307|
|Statutory Definition of Illegal Abortion||(1) Failure to meet standards for legal abortion including residency requirement; (2) attempted criminal abortion; (3) coerced or compelled abortion; (4) administering to pregnant woman medicine, drug, or any substance, or using any instrument or other means with the intent to destroy the child; (5) Partial Birth abortion: no person shall knowingly perform a partial birth abortion except when necessary to save life of the mother if endangered by a physical disorder, illness, or injury. "Attempting to procure miscarriage" is also a felony, subject to same exceptions for legal abortions.|
|Statutory Definition of Legal Abortion||First trimester: with woman's consent upon advice of her M.D. After first trimester and before viability: with same, but in a hospital. After viability, only if necessary to preserve life or health of mother.|
|Penalty for Unlawful Abortion||Criminal abortion: Class C felony. Attempting to procure a miscarriage: Class E felony. M.D.'s failure to use due care to preserve life of baby born alive or violation of 48-hour waiting period: Class E felony; abortion on non-Tenn. resident: Class C felony; coercion to obtain abortion: Class A misdemeanor; M.D.'s abortion on minor violating consent statute: Class A misdemeanor.|
|Consent Requirements||At least one parent must consent to abortion to be performed on minor; no parental consent necessary if emergency; minor may petition court for waiver.|
|Residency Requirements for Patients||Mother must produce to M.D. evidence she is bona fide resident prior to procedure except in medical emergency, (but M.D. must still give information to mother)|
|Physician Licensing Requirements||First trimester, licensed M.D. upon his medical advice and woman's consent; after first trimester to viability, licensed M.D., licensed hospital; after viability, only to preserve life of mother|
Note: State laws are constantly changing -- contact a local attorney or conduct your own legal research to verify the state law(s) you are researching.
Research the Law:
- Official State Codes - Links to the official online statutes (laws) in all 50 states and DC.
Related Resources for Abortion Laws: