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Tennessee Abortion Laws
Explanation of Chart and More Information on 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 instrument with intent to destroy such 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. |
| 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, necessary to preserve life, health of mother |
| Penalty for Unlawful Abortion | Impermissible abortion: Class C felony; mother attempting to procure a miscarriage: Class E felony; M.D. fails 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. performs abortion on minor violating consent statute: misdemeanor |
| Consent Requirements | Informed, written consent of mother, 48-hour waiting period between M.D. giving mother information and consent; after viability, same as first trimester except M.D. must certify in writing to the hospital that procedure was necessary; by 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 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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