5-61-101 to 102; 20-9-302; 20-16-601; 20-16-701 to 707; 20-16-801, et seq.
Statutory Definition of Illegal Abortion
Intentional termination of pregnancy with intent other than to increase probability of live birth or to remove dead or dying fetus, when fetus is viable. Viable fetus defined as one which can live outside the womb; fetus is presumed nonviable prior to end of 25th week of pregnancy. Partial Birth Abortion (§§5-61-201 to 5-61-204): Felony unless to save the woman’s life when no other form of abortion would suffice for that purpose
Statutory Definition of Legal Abortion
Abortion of viable fetus permitted when necessary to preserve life of mother, or where pregnancy is result of rape or of incest of minor; written certification by licensed physician required
Fine to $1,000 and imprisonment 1 to 5 years (Class A misdemeanor)
If minor or incompetent, written notice to parent or guardian required at least 48 hours before procedure, except by court order, medical emergency, upon declaration of child abuse, neglect, incest, parents’ whereabouts unknown, or parent and minor have not been in contact for at least 1 yr.; informed consent of mother required (§20-16-903)
Physicians must be licensed to practice medicine in state