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Idaho Abortion Laws
Explanation of Chart and More Information on Abortion Laws
| Code Section | 18-601 et seq. |
| Statutory Definition of Illegal Abortion | Provides, supplies, administers drugs or substances to woman, or uses instrument with intent to produce abortion. Partial Birth Abortion: Unlawful except when necessary to save the life of the mother when it is physically endangered |
| Statutory Definition of Legal Abortion | In first and second trimesters: consultation between licensed M.D. and mother determination by M.D. that abortion is appropriate considering various mental, physical, family factors including circumstances of pregnancy (such as rape or incest). Third trimester: must be necessary to preserve life of mother or fetus and M.D. must consult another corroborating physician. |
| Penalty for Unlawful Abortion | Felony; fine to $5,000 and/or imprisonment 2 to 5 years; mother, fine to $5,000, and/or imprisonment 1 to 5 years |
| Consent Requirements | Mother must give "informed consent" after information about development of fetus, adoption and other services, risks, etc.; abortion on minor requires written consent of parent unless minor is emancipated, has been given right to self-consent by court, or court finds abortion without consent of parent is in the best interest of the minor, or where medical emergency exists with no time to obtain consent |
| Residency Requirements for Patients | - |
| Physician Licensing Requirements | First trimester: in hospital or properly staffed clinic or physician's office with arrangements with nearby acute care hospital for complications or emergencies; second trimester: same as first except that procedure must be performed in licensed hospital and in the "best medical interest" of pregnant woman; third trimester: same as second except requires corroboration of consulting M.D. and procedure must be necessary to preserve life of mother or fetus |
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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- Official State Codes - Links to the official online statutes (laws) in all 50 states and DC.
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