Revised Title 22, Chapter 263-B
Statutory Definition of Illegal Abortion
An abortion is the intentional interruption of a pregnancy by the application of external agents, whether chemical or physical, or the ingestion of chemical agents with an intention other than to produce a live birth or to remove a dead fetus.
Statutory Definition of Legal Abortion
Before viability, an abortion performed by a physician is lawful. After viability, only abortions necessary to preserve life or health of mother are permitted.
The following actions are Class D crimes:
- Performing abortion on minor without parental or court consent or an emergency (also subject to civil penalty of up to $1,000 for each violation)
- Knowingly disregarding the viability of a fetus
- Performing an abortion knowing it’s not necessary for the preservation of the life or health of the mother and the fetus is viable outside the womb
An unlicensed person performing an abortion is a Class C crime that can be sentenced to up to five years in prison and a $5,000 fine.
All women, adult or teens, must provide informed written consent for the abortion. Informed consent requires the doctor to tell the patient in a non-misleading way.
Both the girl who’s under 18 and one parent, guardian, or adult family member must give informed written consent for the abortion. However, in emergencies consent isn’t required. Also, a probate court judge can provide consent at the request of the pregnant minor.
Only licenses medical or osteopathic physicians