Indiana Abortion Laws

Code Section
16-34-1-1 et seq.

Statutory Definition of Illegal Abortion
Any 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 Abortion
During 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
Class C felony; Statute, Class A misdemeanor for not meeting proper consent requirements

Consent
Written 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; must receive certain information at least 18 hours before an abortion in a face to face meeting with a physician or certain other healhcare providers

Residency
N/A

License
First 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.


Inside Indiana Abortion Laws