Kentucky Abortion Laws

Abortion is illegal in Kentucky, with no exceptions for rape or incest. A doctor can only perform an abortion in extreme situations to save the life of the mother.

Few topics are as divisive as abortion. Many in the pro-life camp argue that an unborn fetus is a human being deserving of legal protection. But pro-choice proponents say abortion is a right. They argue that laws should not restrict a woman's freedom to choose what happens to her body. No matter what you believe, you should understand the laws in your state and your rights if you or a friend have an unplanned pregnancy.

Federal Abortion Laws

In 1973, the U.S. Supreme Court decided Roe v. Wade, saying that women had a federal, constitutional right to abortion. This law was in place until June 2022, when the Court overruled Roe v. Wade in Dobbs v. Jackson Women's Health Organization.

The ruling in Dobbs returned the power to regulate or ban abortion to the states. Shortly after the Dobbs case, dozens of states outlawed abortion, either absolutely or in part. Kentucky was one of these states.

Following Dobbs, lawmakers in Kentucky reverted to its 2019 trigger law, which would take effect if the Supreme Court overturned Roe v. Wade. When this happened in June 2022, Kentucky was one of the first states to install an abortion ban.

What Is the Penalty for Performing an Illegal Abortion in Kentucky?

Kentucky law punishes the abortion provider, not the woman who seeks or gets an abortion. Under Kentucky's Human Life Protection Act (KRS 311.772), which took effect in June 2022, health care providers can't legally perform an abortion unless a licensed physician determines that it is necessary to protect the mother's life or prevent serious, permanent damage to a life-sustaining organ.

In situations where there is a medical emergency threatening the pregnant person's life, the doctor must make "reasonable medical efforts under the circumstances" to preserve the life of the mother and the unborn child "in a manner consistent with reasonable practice." A second opinion is not required.

Kentucky's 2019 Abortion Laws

In 2019, then-Kentucky Gov. Matt Bevin signed various bills affecting abortion access. These bills made it more difficult for women in Kentucky to secure an abortion, including a medical abortion. Lawmakers introduced these state senate and house bills in tandem with the trigger law.

Here is a summary of the abortion legislation in Kentucky in 2019:

  • House Bill 3: This law would make it illegal for anyone other than a licensed physician to perform a medical abortion. The bill would require that physicians get informed consent from patients before prescribing the medications necessary for a medical abortion. HB3 further stated that patients could no longer get these medications via mail or courier.
  • House Bill 5: The Kentucky legislature introduced this bill, which would ban women from choosing to have an abortion based on the sex, race, national origin, or ancestry of a fetus. This bill would also ban women from having an abortion after a diagnosis of a fetal abnormality.
  • Senate Bill 9: This law banned abortions after the point at which a doctor can detect a heartbeat. This typically happens in the fifth or sixth week of a pregnancy. But some argue that one can detect cardiac signals before a woman even learns that she is pregnant. SB9 also required doctors to perform lifesaving measures on a fetus showing signs of life, even those that survived abortion.

The government passed these state laws with emergency declarations. The laws were to go into effect immediately after the governor's signing. But, a federal judge suspended the laws in response to a lawsuit by the American Civil Liberties Union (ACLU).

In 2022, Kentuckians voted on a ballot measure that would amend the Kentucky constitution to deny women the right to an abortion. Due to the support of abortion rights supporters, the ballot measure failed, which means the state constitution does not include abortion restrictions or prohibitions.

Senate Bill 99

Last year, state Sen. David Yates (D-Louisville) introduced Senate Bill 99, which would give an exception to the state's abortion ban in cases involving rape or incest. Despite Yates' efforts, as of 2024, the bill still stands idle.

Should lawmakers pass SB99, it would help support the efforts of the ACLU of Kentucky and its Reproductive Freedom Project. These are just some of the groups fighting for women's rights to self-determination of reproduction.

ACLU Lawsuit

On Nov. 12, 2024, the ACLU of Kentucky filed a lawsuit in Jefferson County Circuit Court against two abortion laws. The suit — Poe v. Coleman — was filed on behalf of a pregnant woman identified as Mary Poe to get access to abortion care. The case could mean abortion care returning to Kentucky.

Kentucky Abortion Laws: At a Glance

The table below explains, in plain language, the main provisions of Kentucky's abortion laws.

Statutes
Kentucky's abortion ban

Kentucky bans almost all abortions. But federal and state courts have ruled that some abortion laws are unconstitutional and are unenforceable.

Some of these laws include:

  • Abortion after the unborn child is viable is unlawful except to preserve the life or health of the mother, but the doctor must take all reasonable steps to protect the life and health of the child during the process.
  • Before Stenberg v. Carhart (2000), a U.S. Supreme Court case, "partial-birth" abortions were illegal in Kentucky, except to save the woman’s life or health. In Stenberg v. Carhart, the Supreme Court found this law unconstitutional and unenforceable. But in 2003, Congress passed a similar federal law banning second-trimester "partial-birth" abortions. The Supreme Court upheld this law as legal in 2007.
  • Kentucky law bans saline-method abortions after the first trimester.
Exceptions to Kentucky’s abortion ban

Abortion is only 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 person gives informed consent.

Penalty for unlawful abortion

According to Kentucky’s Human Life Protection Act (KRS 311.772), anybody who performs an illegal abortion may be guilty of a Class D felony.

A person guilty of a Class D felony faces one to five years in prison and fines anywhere from $1,000 to $10,000.

Any physician who performs an abortion without the patient’s consent or recklessly performs an abortion on a minor is guilty of a Class A misdemeanor. The penalty for a Class A misdemeanor is a $500 fine.

Consent requirements

Pregnant people under 18 who aren’t married or emancipated must get the written informed consent of a parent or guardian. The law has an exception to this rule when a medical emergency requires an abortion. A minor can also petition the court to waive the parental consent rule.

Residency requirements

None

Physician licensing requirements

According to Kentucky Statute Section 216B.206, a physician must meet the following requirements to perform abortions or dispense abortion-inducing medications:

  • Be a licensed physician in good standing in the Commonwealth of Kentucky
  • Have admitting privileges at one or more hospitals in the physician’s county or adjacent counties
  • Sign a Dispensing Agreement Form
  • Pledge to follow all state abortion laws

Note: State laws are subject to change through new legislation, higher court rulings, and other means. While we strive to provide the most current information, consult a Kentucky health care attorney or conduct legal research to verify your state laws.

Get Answers to Your Questions About Kentucky's Abortion Laws

Abortion laws are changing rapidly at the state level, with possible changes nationwide. Facing an unwanted pregnancy is stressful enough without worrying about your state's abortion laws.

If you have questions about your reproductive rights, including the right to get an abortion in Kentucky, contact an experienced Kentucky health care attorney near you today.

Kentucky Abortion Laws: Related Resources

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