Indiana Abortion Laws

Abortion is illegal in Indiana under most circumstances. Exceptions include:

• Cases where the abortion is necessary to prevent a serious physical health risk to the pregnant person or to save their life
• Cases of rape or incest, up through the first 10 weeks of pregnancy
• Cases involving a lethal fetal anomaly before 20 weeks of pregnancy

Indiana Abortion Law After Dobbs

In June 2022, the U.S. Supreme Court ended the federal constitutional right to abortion in Dobbs v. Jackson Women's Health Organization. The case dealt with a Mississippi law banning most abortions at the point of 15 weeks into a pregnancy. In the 6-3 decision, the conservative majority overturned the Court's 1973 decision in Roe v. Wade. In Roe, the Court found that the right to privacy granted a pregnant woman the ability to make decisions related to terminating a pregnancy, at least before fetal viability.

The Dobbs case rejected decades of case precedent. It sent the issue of regulation or prohibition of abortion back to the states. At the time of the Dobbs decision, Indiana law permitted legal abortions until 22 weeks of pregnancy. Abortion opponents were quick to propose changes in the law.

Indiana Gove. Eric Holcomb, a Republican in a safely "red" state, called legislators into a special session at the statehouse in Indianapolis. They voted to further restrict abortion services. In August 2022, lawmakers passed Senate Bill 1, which Holcomb signed. The new law called for a near-total abortion ban in the state, including the rule that legal abortions happen in hospitals and not abortion clinics.

The ACLU of Indiana and Planned Parenthood filed a legal challenge that temporarily blocked the abortion ban. But, in 2023, the state supreme court upheld the law, allowing it to take effect.

Indiana's Near-Total Abortion Ban

On June 30, 2023, the Indiana Supreme Court upheld Senate Bill 1 in the case of Members of the Medical Licensing Board of Indiana v. Planned Parenthood. As a result of the court ruling, abortion is illegal in Indiana with very narrow exceptions. In a 4-1 decision, the court's majority dissolved the injunction against the new law based on a facial challenge under the Indiana Constitution.

The court concluded that state constitutional protections for Hoosiers' rights to "life, liberty, and happiness," do not encompass a woman's decision to terminate a pregnancy when it's not necessary to preserve her life or to prevent a serious health risk to her. As the lawsuit brought a facial challenge to the law, the court clarified that it was not prejudging any future litigation over whether individual parts of the law may be invalid.

By August 2023, Indiana's new abortion ban went into effect statewide. For most people in Indiana, the law bans abortion except in cases where an abortion is necessary to preserve the patient's life or prevent a serious health risk. The law allows abortion in cases of rape or incest if the abortion happens in the first 10 weeks of pregnancy and in cases of a fatal fetal anomaly by 20 weeks.

Still, legal challenges are ongoing. In one case, the Indiana Court of Appeals upheld an injunction on the new law when applied to those with certain religious objections. The plaintiffs claim that their religious beliefs dictate that they value the physical and mental health of the pregnant patient over the developing fetus. So, the abortion ban violates their rights under the state's Religious Freedom Restoration Act (RFRA).

Abortion Restrictions in Indiana

Besides the new ban, Indiana law also contains other regulations related to abortion. For example, Indiana lawmakers specifically exempt the use of in vitro fertilization (IVF) from the abortion laws. State law also bans the use of telehealth services for getting abortion care or treatment.

Indiana has a detailed informed consent law for abortion. It requires a private consultation between a pregnant patient and their physician or representative at least 18 hours before an abortion (except in cases of medical emergency) that includes:

• Name and medical license number of the physician performing the abortion and a phone contact number for emergency contact 24 hours/7 days per week
• Information on the risks of the procedure, carrying a pregnancy to term, and alternatives to abortion
• The probable gestational age of the fetus at the time of the procedure, description of its development, and information on its potential survival
• The availability of an ultrasound image of the fetus and equipment to hear fetal cardiac activity; any patient refusal to view an ultrasound or listen for cardiac activity must be in writing
• Information on Indiana laws against aborting a fetus due to race, color, national origin, ancestry, sex, or potential diagnosis of Down's Syndrome or other disability
• Information on medical assistance benefits available for prenatal and maternal health and a father's legal responsibility to provide financial support for a child
• Printed copies of state website information on pregnancy and related issues

Indiana also prohibits qualified health insurance plans from providing abortion coverage that is outside of the legal limits set in the state's abortion law.

State law requires that an abortion provider get written parental consent from a parent, guardian, or custodian of an unemancipated minor seeking an abortion. This provision does not apply if the minor is pregnant due to rape or incest by a parent, guardian, or custodian. If a minor objects to such consent, they may file a request in juvenile court seeking a waiver.

Indiana Abortion Laws: Chart

After Dobbs, state abortion laws vary significantly. The table below lists the basic provisions of Indiana abortion laws. For more general information on abortion rights, visit FindLaw's section on Reproductive Rights.

Note: State laws may change at any time through new legislation, decisions from higher courts (including federal courts), and other means. Contact an attorney or conduct your own legal research to verify the status of any state law(s) you are reviewing.

How Does Indiana Compare With Other States?

Indiana has one of the most restrictive abortion laws in the U.S. today. Now, some 18 states, including Indiana and Kentucky, have enacted near-total abortion bans. A few other states, like Nebraska, limit abortion access at 12 or 15 weeks of pregnancy.

The majority of states, including Indiana's neighbors, Ohio, Michigan, and Illinois, provide access to legal abortion at least until fetal viability. In Minnesota, five other states, and Washington D.C., abortion is legal at all stages of pregnancy.

A Note About Medication Abortion

In 2000, the U.S. Food and Drug Administration (FDA) approved the use of mifepristone, one of two drugs commonly used in the protocol for medication abortion. Recently, the FDA amended its rules to allow telehealth appointments for the drug and the sending of prescriptions through the mail.

Medication abortions must happen within the first 10 to 12 weeks of a pregnancy. According to a recent study, they now account for some 63% of all abortions in the U.S.

In 2022, abortion opponents filed a federal lawsuit in Texas to prevent or reduce access to mifepristone. At the same time, states where abortion remained legal filed a lawsuit to maintain legal access to the drug. In 2024, the U.S. Supreme Court ruled that the plaintiffs, physicians who did not perform abortions or prescribe abortion pills, did not have standing to pursue their challenge to the FDA's actions. It threw out their claims. As a result, legal access to medication abortion remains available throughout most of the U.S.

Indiana Abortion Laws: Related Resources

Navigating the emotional and legal ramifications of abortion can be particularly difficult. Here are helpful resources:

• Abortion laws
• Birth control and contraception law
• Abortion Information Center — Indiana Department of Health
• Indiana Law — Center for Reproductive Rights

Have More Questions? Talk to a Lawyer

Indiana's abortion ban has very limited exceptions. To better understand your rights and responsibilities, consider getting legal advice. You can consult with a health care attorney in Indiana today.