Texas Abortion Laws

Code Section
Civ. Stat. §§4512.5, H&S 245.001 et seq.

Statutory Definition of Illegal Abortion
A(1) Destroys the vitality or life of child in birth or before (which otherwise would have been born alive); (2) operating a facility without license, failure to meet Board of Health standards, or failure to make reports to Department of Health; (3) act performed after pregnancy with intent to cause termination of pregnancy other than for purpose of birth of live fetus or removal of dead fetus; (4) with public funds unless mother’s life is in danger; (5) in third trimester (viability) unless for benefit of woman’s or fetus’ health

Statutory Definition of Legal Abortion
Abortion during third trimester of viable child permissible only if necessary to prevent death or substantial risk of serious impairment to woman’s physical or mental health, or if fetus has severe and irreversible abnormality

Penalty
Abortion of viable fetus: imprisonment 5 years to life; operating facility without license: fine $100 to $500 per day, Class C misdemeanor; failure to report as legally required: Class A misdemeanor

Consent
Requires that one parent give permission, and separately that one parent be told of the decision 48 hours before the abortion takes place.

Residency
N/A

License
Licensed physician; at separately licensed facility (unless necessary to protect life, health of mother). Third trimester: must certify in writing medical indications supporting M.D.’s judgement. Private hospital or facility is not required to make their facilities available for an abortion unless M.D. determines mother’s life is immediately endangered


Inside Texas Abortion Laws