Kentucky Abortion Laws

• Kentucky Revised Statutes, Section 311.710, et seq.
• House Bill 5 (Kentucky General Assembly)
• Senate Bill 9 (Kentucky Senate)

• Abortion after the unborn child is viable is unlawful except to preserve the life or health of the mother, but the doctor shall take all reasonable steps to preserve the life and health of the child during the process.
• Partial birth abortions (where a vaginal delivery of a living fetus is started before killing the fetus and completing delivery) are illegal, except to save the woman’s life or health. However, this law was found unconstitutional and unenforceable because of a U.S. Supreme Court case, Stenberg v. Carhart. Then Congress passed a similar second-trimester partial-birth abortion ban in 2003 (federal laws apply to all states), that the Supreme Court upheld as legal in 2007.
• Saline method abortions are prohibited after the first trimester.

Under House Bill 5 and Senate Bill 9:

The new laws would prohibit abortions based on the gender, race, or disability of the fetus as well as abortions performed after a fetal heartbeat is detected (approximately 6 weeks, often before the mother knows she's pregnant), unless it's deemed necessary to protect the life or health of the mother.

Abortion is legal in Kentucky when a medical doctor determines that it is necessary in their clinical judgment and with the second opinion of a doctor, and the pregnant woman provides informed consent. Abortion is permissible during the first trimester. After viability of the fetus, it’s legal only if necessary to preserve life or health of the woman.

Under Senate Bill 9

The only legal abortions in the state would be those performed prior to detection of a fetal heartbeat, typically before the sixth week of pregnancy, or as necessary to protect the life or health of the mother.

• A non-licensed physician performing an abortion is a Class B felony that is punished by 10 to 20 years in prison and a fine of $1,000 to $10,000.
• Performing an abortion on a viable fetus except to preserve the life and health of the mother is a Class C felony . A Class C felony has a penalty of 5 to 10 years imprisonment and a $1,000 to $10,000 fine.
• If the doctor didn’t believe the abortion was necessary, didn’t receive a written referral, violated any regulations on abortions after viability, or used the saline method of abortion after the first trimester, then they can be charged with a Class D felony . A Class D felony can be punished by 1 to 5 years incarceration and a $1,000 to $10,000 fine.
• Violating the woman's consent provisions or aborting with reckless disregard of whether the woman is a minor is Class A misdemeanor.

Under House Bill 5 and Senate Bill 9:

Women who procure abortions in violation of the 2019 laws (still subject to judicial review) will not face criminal or civil penalties. However, any health care provider who performs an abortion knowingly in violation of the law may have their medical license revoked and can be charged with a Class D felony.

After the first trimester, the abortion must be done at the advice of a licensed medical doctor and must be in licensed hospital, except in cases of medical emergencies.

During the first trimester a woman, with the advice of a licensed medical doctor, can get an abortion in a clinic or take a medication, like an abortion pill.