{"id":373509,"date":"2016-03-31T21:35:21","date_gmt":"2016-04-01T02:35:21","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/kentucky-law\/kentucky-abortion-laws.html"},"modified":"2024-12-12T19:49:44","modified_gmt":"2024-12-13T00:49:44","slug":"kentucky-abortion-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/kentucky-law\/kentucky-abortion-laws.html","title":{"rendered":"Kentucky Abortion Laws"},"content":{"rendered":"\n
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Kentucky Abortion Laws<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Abortion is illegal in Kentucky, with no exceptions for rape or incest. A doctor can only perform an abortion in extreme situations to save the life of the mother.<\/p>\r\n

Few topics are as divisive as abortion<\/a>. Many in the pro-life camp argue that an unborn fetus is a human being deserving of legal protection. But pro-choice proponents say abortion is a right. They argue that laws should not restrict a woman’s freedom to choose what happens to her body. No matter what you believe, you should understand the laws in your state and your rights if you or a friend have an unplanned pregnancy.<\/p>\r\n

Federal Abortion Laws<\/b><\/h2>\r\n

In 1973, the U.S. Supreme Court decided Roe v. Wade<\/i><\/a>, saying that women had a federal, constitutional right to abortion. This law was in place until June 2022, when the Court overruled Roe v. Wade<\/i> in Dobbs v. Jackson Women’s Health Organization<\/i><\/a>.<\/p>\r\n

The ruling in Dobbs<\/i> returned the power to regulate or ban abortion to the states. Shortly after the Dobbs<\/i> case, dozens of states outlawed abortion<\/a>, either absolutely or in part. Kentucky was one of these states.<\/p>\r\n

Following Dobbs<\/i>, lawmakers in Kentucky reverted to its 2019 trigger law<\/a>, which would take effect if the Supreme Court overturned Roe v. Wade<\/i>. When this happened in June 2022, Kentucky was one of the first states to install an abortion ban.<\/p>\r\n

What Is the Penalty for Performing an Illegal Abortion in Kentucky?<\/b><\/h2>\r\n

Kentucky law punishes the abortion provider, not the woman who seeks or gets an abortion. Under Kentucky’s Human Life Protection Act (KRS 311.772<\/a>), which took effect in June 2022, health care providers can’t legally perform an abortion unless a licensed physician determines that it is necessary to protect the mother’s life or prevent serious, permanent damage to a life-sustaining organ.<\/p>\r\n

In situations where there is a medical emergency threatening the pregnant person’s life, the doctor must make "reasonable medical efforts under the circumstances" to preserve the life of the mother and the unborn child "in a manner consistent with reasonable practice." A second opinion is not required.<\/p>\r\n

Kentucky’s 2019 Abortion Laws<\/b><\/h2>\r\n

In 2019, then-Kentucky Gov. Matt Bevin signed various bills affecting abortion access. These bills made it more difficult for women in Kentucky to secure an abortion, including a medical abortion. Lawmakers introduced these state senate and house bills in tandem with the trigger law.<\/p>\r\n

Here is a summary of the abortion legislation in Kentucky in 2019:<\/p>\r\n