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Montana Abortion Laws

Code Section
50-20-101 to 112; 50-20-401; 50-20-201 et seq.

Statutory Definition of Illegal Abortion
Use or prescription of any instrument, medicine, drug, or other substance or device to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than to increase the probability of a live birth, to preserve the life or health of the child, or to remove a dead fetus. Partial Birth Abortion: Unlawful except to save the life of mother when endangered by physical disorder, illness, or injury when no other medical procedure would save the woman’s life

Statutory Definition of Legal Abortion
After viability, if necessary according to M.D. to preserve life or health of mother; procedure utilized must not negligently or intentionally endanger life of fetus unless to preserve mother’s life

Violation of infant protection; violation of abortion practices by M.D.: felony, fine to $1,000 and/or imprisonment to 5 years; violation of consent provisions or of inducing woman to have abortion: misdemeanor, fine to $500 and/or imprisonment to 6 months; no penalties may be placed on the mother; illegal partial birth abortion: felony with fine up to $50,000 and/or 5-10 yrs. in prison and permanent revocation of physician’s license

Current legal challenge to the law. Law placed on hold.


Licensed M.D., after first 3 months in licensed hospital; after viability, M.D. must certify in writing necessity of procedure including grounds for decision plus two other M.D.s must confirm decision except when necessary to preserve mother’s life

Inside Montana Abortion Laws