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Iowa Abortion Laws

Summary

Abortion is legal in Iowa, subject to certain conditions, through the end of the second trimester.

Introduction

Since the Supreme Court decided Dobbs v. Jackson Women's Health Organization on June 24, 2022, states are free to construct their abortion laws in different ways to regulate access, timing, waiting periods, notice, and consent surrounding the procedure. They can even prohibit abortion entirely. These statutes (laws) can vary state-to-state, and they can be difficult to understand, so it is important to know which statutes apply to where you live. This is an introduction to abortion laws in Iowa.

Iowa Statutes

Iowa has a mandatory 24-hour waiting period before someone may get a legal abortion and requires one parent or guardian to be notified beforehand if the person in question is a minor. Iowa also does not require pre-procedure counseling or ultrasounds, which are mandatory in some other states.

The chart below lists the details of Iowa's abortion statutes.

Code Section

Iowa Code 707.7, et seq.: Feticide

Statutory Definition of Illegal Abortion

"Feticide": Intentional termination of human pregnancy after end of second trimester.

"Abortion": Termination of a human pregnancy with the intent other than to produce a live birth or remove a dead fetus.

"Partial Birth Equivalent": A person who intentionally kills a viable fetus aborted alive shall be guilty of a Class B felony.

Statutory Definition of Legal Abortion

Necessary to preserve life or health of mother or fetus; after end of second trimester with every reasonable effort made to preserve life of viable fetus

Penalty for Unlawful Abortion

Class C felony (attempted feticide-Class D felony)

Consent Requirements

-

Residency Requirements for Patients

-

Physician Licensing Requirements

Licensed M.D.

The Supreme Court deemed the right to a legal abortion was protected under the Constitution (within certain limits) in Roe v. Wade in 1973, but overruled that decision in Dobbs v. Jackson Women's Health Organization. Dobbs returned to the states the power to regulate, even prohibit, abortion. State abortion laws have continued to evolve over the years, including the imposition of waiting periods, counseling, required sonograms, and other requirements.

This area of the law is highly fluid.

Iowa Abortion Laws: Related Resources

Deciding whether or not to get an abortion can be emotionally complicated, and legally as well. You can find additional articles and resources in FindLaw's sections on Abortion, Birth Control, and Health Care Law. You can also consult with an Iowa health care attorney if you would like legal advice regarding an abortion issue.

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