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Kansas Abortion Laws

Summary

Abortion is legal in Kansas until the fetus is viable. After viability, an abortion may be done only if the life of the mother is at risk.

Introduction

Kansas has restrictive abortion laws.  Since the Supreme Court decided Dobbs v. Jackson Women's Health Organization on June 24, 2022, states are free to regulate and even prohibit abortion. Here is an overview of current abortion laws in Kansas. This area of law is highly fluid.

Kansas Statutes

Kansas law has extensive requirements that must be met before an abortion can be performed. State statutes require notification of at least one parent prior to an abortion, and mandate a 24-hour waiting period before the procedure. During this waiting period, a woman must also receive counseling and notification of services, as well as consent to a mandatory fetal ultrasound.

The details of Kansas’s abortion statutes are listed below.

Code Section

Kansas Statutes 65-6701 et seq.: Abortion

Statutory Definition of Illegal Abortion

To perform or induce abortion when fetus is viable, that is, in attending physician's best medical judgment, fetus is capable of sustained survival outside the uterus without extraordinary medical means

Statutory Definition of Legal Abortion

As long as fetus is not viable (and mother's informed consent obtained); abortion of viable fetus permitted if 2nd M.D. certifies that abortion is necessary to preserve life of mother or fetus has severe, life-threatening deformity or abnormality

Penalty for Unlawful Abortion

Class A nonperson misdemeanor

Consent Requirements

Informed consent of all women before abortion (not applicable in emergency)

Notice must be given to one of unemancipated minor's parents or guardian (court can waive notice requirement on finding minor sufficiently mature or notice not in minor's best interest)

Residency Requirements for Patients

-

Physician Licensing Requirements

Licensed M.D.; 2nd M.D. (not financially associated with 1st M.D.) to certify abortion of viable fetus to preserve life of mother

More Resources on Kansas Abortion Laws

Decisions regarding abortion can have serious consequences, both emotionally and legally. You can visit FindLaw’s sections on Abortion, Birth Control, and Health Care Law for additional articles and information on this topic. You can also consult with a Kansas health care attorney in your area if you would like legal assistance regarding an abortion matter.

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