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Indiana Abortion Laws

Explanation of Chart and More Information on Abortion Laws

Code Section 16-34-1-1 et seq.
Statutory Definition of Illegal AbortionAny abortion not as provided for in 1st or 2nd trimester. Partial Birth Abortion: A person may not lawfully or knowingly perform a partial birth abortion unless a physician reasonably believes it is necessary to save the life of the mother and that no other medical procedure is sufficient
Statutory Definition of Legal AbortionDuring first trimester with mother's consent based on physician's professional and medical judgement; after first trimester but before viability, permissible with mother's consent and if performed in hospital or surgical center; after viability, procedure necessary to prevent impairment of life, health of mother and performed in hospital with premature birth care unit and with 2nd physician present
Penalty for Unlawful AbortionClass C felony; Statute, Class A misdemeanor for not meeting proper consent requirements
Consent RequirementsWritten consent of mother, not applicable in emergency; if unemancipated minor under 18 yrs. old, performing abortion not in accordance with written consent of one parent or legal guardian; court can waive parental consent requirement; not applicable in emergency
Residency Requirements for Patients-
Physician Licensing RequirementsFirst trimester: professional judgment of attending licensed M.D.; second trimester, before viability: same as first and licensed hospital; after viability: same as second and reasons for procedure regarding mother certified by M.D. to hospital.

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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