Texas Abortion Laws
|Code Section||Civ. Stat. §§4512.5, H&S 245.001 et seq.|
|Statutory Definition of Illegal Abortion||(1) Destroys the vitality or life of child in birth or before (which otherwise would have been born alive); (2) operating a facility without license, failure to meet Board of Health standards, or failure to make reports to Department of Health; (3) act performed after pregnancy with intent to cause termination of pregnancy other than for purpose of birth of live fetus or removal of dead fetus; (4) with public funds unless mother's life is in danger; (5) in third trimester (viability) unless for benefit of woman's or fetus' health|
|Statutory Definition of Legal Abortion||Abortion during third trimester of viable child permissible only if necessary to prevent death or substantial risk of serious impairment to woman's physical or mental health, or if fetus has severe and irreversible abnormality|
|Penalty for Unlawful Abortion||Abortion of viable fetus: imprisonment 5 years to life; operating facility without license: fine $100 to $500 per day, Class C misdemeanor; failure to report as legally required: Class A misdemeanor|
|Residency Requirements for Patients||-|
|Physician Licensing Requirements||Licensed physician; at separately licensed facility (unless necessary to protect life, health of mother). Third trimester: must certify in writing medical indications supporting M.D.'s judgement. Private hospital or facility is not required to make their facilities available for an abortion unless M.D. determines mother's life is immediately endangered|
Note: State laws are constantly changing -- contact an 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: