{"id":376399,"date":"2016-03-31T21:36:45","date_gmt":"2016-04-01T02:36:45","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/tennessee-law\/tennessee-abortion-laws.html"},"modified":"2025-01-02T11:58:22","modified_gmt":"2025-01-02T16:58:22","slug":"tennessee-abortion-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/tennessee-law\/tennessee-abortion-laws.html","title":{"rendered":"Tennessee Abortion Laws"},"content":{"rendered":"\n
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Tennessee Abortion Laws<\/h1>\n
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\n By John Mascolo, Esq.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last reviewed\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 Tennessee unless a physician determines that it is necessary to prevent the death or serious risk of substantial physical harm to the pregnant person. There is no exception for pregnancies that result from rape or incest.<\/p>\r\n

Tennessee abortion laws represent some of the most restrictive in the U.S. They provide for a near-total abortion ban in the Volunteer State.<\/p>\r\n

Tennessee Abortion Law After <\/b>Dobbs<\/i><\/h2>\r\n

Every state has abortion laws<\/a> that cover standard consent requirements, licensing restrictions, and waiting periods. Until recently, state laws prohibiting abortions before fetal viability were rejected by courts as violating a patient’s privacy rights.<\/p>\r\n

In 2022, the U.S. Supreme Court overruled Roe v. Wade<\/i><\/a> in Dobbs v. Jackson Women’s Health Organization<\/i><\/a>, which ended the federal constitutional right to abortion. The ruling by the Court’s 6-3 conservative majority overturned decades of precedent. It concluded that Roe<\/i> (issued by a 7-2 conservative majority in 1973) was wrongly decided. The Court’s decision returned to the states the power to regulate and prohibit abortion.<\/p>\r\n

At that time, Tennessee had a "trigger ban" that took effect and prohibited abortions with few exceptions. In 2023, state lawmakers clarified and added some exceptions.<\/p>\r\n

Along with banning almost all abortions, Tennessee requires a fully licensed doctor to perform an abortion or authorize such treatment. The state has passed laws to curtail medication abortion and punish persons who assist unemancipated minors seeking abortion without parental consent.<\/p>\r\n

Tennessee Abortion Laws<\/h2>\r\n

Like many other states that have outlawed abortion since Dobbs<\/i>, Tennessee has multiple abortion bans. The state legislature doesn’t repeal laws in this area. This can lead to some confusion on what laws remain active.<\/p>\r\n

For example, Tennessee also has a fetal heartbeat law<\/a>, which prohibits abortions after the detection of a fetal "heartbeat." This is alleged to occur by week six, but the heart isn’t formed at that point. Further complicating matters, many patients don’t know they’re pregnant.<\/p>\r\n

Tennessee’s more restrictive "Human Life Protection Act" was passed in 2019 and amended in 2023. It does not require detecting cardiac activity in the fetus. The current version of the law states that it supersedes the other abortion bans on the books. This law defines abortion as<\/a>:<\/p>\r\n

the use of any instrument, medicine, drug, or any other substance or device with intent to terminate the pregnancy of a woman known to be pregnant with intent other than to increase the probability of live birth, to terminate an ectopic or molar pregnancy, or to remove a dead fetus.<\/i><\/p>\r\n

The state only permits a licensed physician to perform a legal abortion when they find it’s necessary to prevent a patient’s death or a serious risk of substantial and irreversible impairment of a major bodily function of the patient. Unlawful abortion is a felony offense, punishable by up to 10 years in prison and a fine of up to $100,000<\/a>.<\/p>\r\n

Tennessee politics over abortion reflect the presence of Tennessee Right-To-Life, the state’s oldest and largest pro-life organization. In 2014, the state legislature referred a constitutional amendment to the state ballot on abortion.<\/p>\r\n

The ballot amendment stated that nothing in the state constitution "secures or protects a right to abortion or requires the funding of abortion." The amendment gained the approval of voters and became law.<\/p>\r\n

The majority of legislators in the State House and State Senate belong to the Republican party. They oppose abortion rights. The state’s current governor and attorney general, also Republicans, likewise support abortion restrictions. Recent polling<\/a> by Vanderbilt University shows that a majority of Tennesseans registered to vote now identify as pro-choice.<\/p>\r\n

Abortion Trafficking Law<\/h2>\r\n

In 2024, the Tennessee General Assembly enacted a new law<\/a> making it illegal for an adult to assist an unemancipated minor seeking an abortion unless they have consent from a parent or guardian. This law created the crime of abortion trafficking.<\/p>\r\n

The law, along with a similar one in Idaho, has faced a court challenge. Under the law, a grandparent, sibling, or close relative cannot assist a minor in obtaining an abortion without parental consent. Given the different legal statuses of abortion among the states, such laws raise the issue of whether there is a constitutional right to travel<\/a> to get an abortion.<\/p>\r\n

Abortion trafficking of a minor<\/a> is a Class A misdemeanor, punishable by up to 11 months and 29 days in jail and a fine of up to $2,500. The parents of any aborted fetus can also bring a civil action for damages against an unauthorized adult who violates this law.<\/p>\r\n

Tennessee Abortion Laws at a Glance<\/b><\/h2>\r\n

Tennessee\u2019s abortion laws are highlighted in the chart below. For more general information on abortion regulations, see FindLaw’s Reproductive Rights<\/a> section.<\/p>\r\n\r\n

Tennessee Abortion Law Code Sections<\/b><\/p>\r\n<\/th>\r\n

Tennessee Constitution<\/b><\/p>\r\n

Article I – Declaration of Rights<\/p>\r\n

 <\/p>\r\n

Section 36<\/a> – Abortion<\/p>\r\n

 <\/p>\r\n

Tennessee Code<\/b><\/p>\r\n

Title 39 – Criminal Offenses, Chapter 15 – Offenses Against the Family<\/p>\r\n

When Is Abortion Legal?<\/b><\/p>\r\n<\/th>\r\n

Abortion is only legal when a physician determines, using reasonable medical judgment, that an abortion is necessary to prevent either the death of the pregnant woman or a serious risk of substantial and irreversible impairment of a major bodily function.<\/p>\r\n<\/td>\r\n<\/tr>

Consent Requirements<\/b><\/p>\r\n<\/th>\r\n

Except in a medical emergency, an adult patient must provide written consent at least 24 hours in advance of any procedure or treatment. If the patient is an unemancipated minor (under 18 years of age), then the patient and at least one parent or legal guardian must consent to abortion to be performed; a minor may petition the court for waiver of consent.<\/p>\r\n<\/td>\r\n<\/tr>

Penalties for Unlawful Abortion<\/b><\/p>\r\n<\/th>\r\n

Criminal abortion is a felony punishable by up to 10 years in prison and\/or a fine of up to $100,000.<\/p>\r\n

Abortion trafficking of a minor is a Class A misdemeanor, punishable by up to 11 months and 29 days in jail and a fine of up to $2,500.<\/p>\r\n

State law does not permit the filing of criminal charges against a pregnant patient for any abortion performed upon her. Criminal charges may be brought against physicians, health care providers, or others who perform unlawful abortions or assist a minor seeking an unlawful abortion.<\/p>\r\n<\/td>\r\n<\/tr>

Physician Licensing Requirements<\/b><\/p>\r\n<\/th>\r\n

Only licensed physicians can perform an abortion in Tennessee. Trying to save the mother is an affirmative defense for physicians when a fetus is involved.<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note:<\/b> Tennessee laws change through the passage of new legislation, higher courts that include federal decisions, ballot initiatives, and other means. Please consult an attorney or conduct your own legal research to verify current Tennessee state law.<\/i><\/p>\r\n

How Tennessee Compares to Other States<\/h2>\r\n

Tennessee and 17 other states have enacted bans on almost all abortion services. These states may provide an exception for abortions necessary to save the life or prevent substantial physical harm to the pregnant patient. Some states make exceptions for cases involving rape, incest, or fatal fetal anomalies. Others, like Tennessee, do not<\/a>.<\/p>\r\n

In contrast, the majority of states (including New York and Ohio) permit legal abortion until fetal viability. Four other states end legal abortion access at 12, 15, or 18 weeks into a pregnancy.<\/p>\r\n

Most states surrounding Tennessee also prohibit abortion care. Virginia permits abortion through the second trimester (24 weeks). North Carolina protects abortion access through the first 12 weeks of pregnancy. In cases resulting from rape or incest, it permits abortion through 20 weeks of pregnancy.<\/p>\r\n

A Note About Abortion Medication<\/h2>\r\n

Abortion medication now accounts for some 63% of reported abortions<\/a> in the U.S. The Food and Drug Administration (FDA) first approved the use of the common two-drug abortion pill regimen in 2000. Experts state that abortion medications<\/a> should be taken early in the pregnancy. This often means no later than 10-12 weeks after fertilization.<\/p>\r\n

Tennessee’s abortion ban prohibits the use of any medicine or drug to end a pregnancy unless an exception is met. As a result, abortion providers like Planned Parenthood<\/a> can’t offer medication abortion in Tennessee. They will assist patients with information and services that help them navigate the laws in nearby states. As a result, Tennessee patients may travel out of state for abortion services.<\/p>\r\n

In 2022, abortion opponents filed a lawsuit in federal court in Texas, seeking to overturn the FDA’s approval of mifepristone<\/a>, a key abortion medication. The group also opposed FDA rule changes that permitted telehealth appointments and sending prescriptions through the mail. States where abortion remained legal opposed the move.<\/p>\r\n

In 2024, the U.S. Supreme Court<\/a> threw out the case. It held that the abortion opponents, physicians who did not perform abortions or prescribe abortion pills, had no standing to contest the FDA’s actions. As a result of the Supreme Court’s decision, access to abortion medication remains legal for now.<\/p>\r\n

Tennessee Abortion Laws: Related Resources<\/b><\/h2>\r\n

Abortion can have legal and emotional ramifications that are difficult for those confronting an unplanned pregnancy. Here are several related resources:<\/p>\r\n