Indiana Abortion Laws

By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed July 05, 2023

Summary

Abortion is illegal in Indiana unless there is a lethal fetal anomaly, in cases of rape or incest, or when necessary either to save a woman's life or to prevent a serious health risk.

Introduction

Although the U.S. Supreme Court recognized a federal constitutional right to post-viability abortions in Roe v. Wade, on June 24, 2022, it overruled Roe in Dobbs v. Jackson Women's Health Organization. Dobbs returned abortion regulation, even prohibition, to the states.

Following Dobbs, Indiana enacted a law banning abortion except when there is a lethal fetal anomaly, in cases of rape or incest, or when necessary either to save a woman's life or to prevent a serious health risk. On June 30, 2023, the Indiana Supreme Court upheld this law in Members of the Medical Licensing Board of Indiana v. Planned Parenthood.

Indiana Statutes

The table below lists the basic provisions of Indiana abortion laws.

Code Section	16-34-1-1 et seq.
Statutory Definition of Illegal Abortion	Any abortion unless there is a lethal fetal anomaly, in cases of rape or incest, or when necessary either to save a woman's life or to prevent a serious health risk.
Statutory Definition of Legal Abortion	Abortion of a pre-viable fetus or at 20 weeks (whichever is earlier) only if: (A) there is a lethal fetal anomaly, in cases of rape or incest, or when necessary either to save a woman's life or to prevent a serious health risk (B) the abortion is performed by the physician in a licensed hospital or an ambulatory outpatient surgical center mostly owned by a licensed hospital (C) the woman submitting to the abortion has filed her written consent (or the woman's parent or legal guardian) with her physician (though consent is not required if necessary to preserve the life of the woman) and (D) before the abortion, the attending physician certifies in writing to the facility that in their reasonable medical judgment the abortion is necessary either to save a woman's life or to prevent a serious health risk
Penalty for Unlawful Abortion	Level 5 felony; Statute, Class A misdemeanor for not meeting proper consent requirements; Class A infraction for not meeting proper filing requirements
Consent Requirements	Written informed consent (including ultrasound 18 hours before the abortion is to take place) 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
Residency Requirements for Patients	-
Physician Licensing Requirements	Licensed physician with hospital privileges at a hospital or an ambulatory outpatient surgical center