Oklahoma Abortion Laws

Summary

Abortion is illegal in Oklahoma unless necessary to save the life of the pregnant woman. A physician must determine this with a reasonable degree of medical certainty.

Introduction

In June 2022, the U.S. Supreme Court voted to overturn Roe v. Wade in Dobbs v. Jackson Women's Health Organization, which returned to the states the power to regulate and prohibit abortion.

The state of Oklahoma had an existing “trigger law” in place that activated an abortion ban as soon as Dobbs was certified. This rolled back abortion restrictions to the pre-Roe total ban on abortion, which was based on a law written in 1910. The pre-Roe statute is a criminal code.

Oklahoma Abortion Laws

Oklahoma law has two additional abortion bans on the books. These have not been repealed or removed, although they are superseded by the older rule. These laws are found under the Health and Safety Code.

• The 24-week post-viability ban presumes that a fetus is viable (able to survive outside the womb) and no abortion may be done after the 24th week. Exceptions include the fetus being unviable or if the life or health of the mother is at risk. A second physician must assist in trying to save the viable fetus.
• A 20-week ban was determined by the Pain-Capable Unborn Child Protection Act. This law permits abortion up to the 20th week if necessary to prevent the risk of substantial and irreversible physical impairment of the mother’s body or life. This exception does not include psychological or emotional risk.

The pre-Dobbs law prohibits all abortions unless they are necessary to save the life of the mother in a life-threatening emergency. Court challenges both in and out of state caused the Oklahoma Supreme Court to issue decisions that refined guidance on what is allowed under the state constitution.

In light of these decisions, here are a few things Oklahomans should know about abortion rights in the state:

• Medication abortions, including mifepristone, are not legal except under the conditions described above
• In 2023, the state supreme court held that two abortion restrictions requiring a medical emergency before doctors could perform an abortion violated the Oklahoma Constitution
• Doctors do not have to specify absolute certainty that a woman is having a medical emergency to obtain a medical abortion, but “possibility or speculation” is not sufficient
• Emotional or mental health emergencies do not qualify as sufficient reasons for abortion access
• Doctors and hospitals must comply with the Emergency Medical Treatment & Labor Act (EMTALA), which requires all Medicare-accepting hospitals to provide stabilizing treatment up to and including abortion care
• Providing contraception, including emergency contraception, remains legal
• Providing medical care, including evacuation of ectopic pregnancies and pregnancies with no fetal heartbeat, remains legal
• Abortion providers may still provide information on how to obtain an abortion in another state

(Information accurate as of October 2024)

The following chart contains details of abortion laws in Oklahoma, with links to related sources. See FindLaw's Abortion section for additional articles.

Note: Oklahoma laws are subject to change through legislation or case law. You may want to contact an Oklahoma healthcare attorney or conduct your own legal research to verify the Oklahoma state law(s) you are researching.

Federal Funding and Abortion Access

State abortion laws may conflict with federal regulations. Title X of the 1970 Public Health Service Act provides family planning funding, with a focus on lower-income and adolescent clients. To receive Title X grants, family-planning programs must offer counseling about prenatal care, adoption, and abortion, and referrals for all such services.

When Oklahoma revived its state law banning abortion and prohibiting abortion referrals, Oklahoma lawmakers objected to the requirement that their state must offer counseling and referrals for abortion to receive funding. Health and Human Services offered an alternative of a national hotline for referrals. The state rejected this option, and HHS terminated Oklahoma’s Title X grant.

Oklahoma went to federal court, claiming the termination violated state and federal laws regarding discretionary funding. In a 6-3 order, the Supreme Court upheld a lower court’s decision and denied Oklahoma’s request to order the administration to release the funds. The Sixth Circuit recently upheld a similar argument by the state of Tennessee.

Research the Law

• Oklahoma Law
• Official State Codes - Links to the official online statutes (laws) in all 50 states and DC
• Oklahoma Healthcare Laws

Oklahoma Abortion Laws: Related Resources

• What are Reproductive Rights?
• Abortion History in the U.S.
• After Roe v. Wade
• Planned Parenthood
• Center for Reproductive Rights - Oklahoma

Questions About Reproductive Rights in Oklahoma? An Attorney Can Help

In states with restrictive abortion laws like Oklahoma, an unwanted pregnancy can turn your life upside-down. Before making choices about your body that are illegal, speak with an Oklahoma civil rights attorney. They can examine your situation, explain your options, and help in many ways.