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In Arkansas

After Roe in Arkansas, abortion will be illegal except to save a mother’s life.  Connect with your local family policy council to stay up-to-date on the pro-life movement in your state—now and after Roe. Then, keep reading to find out more about what abortion law would be in your state after Roe.

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MORE ABOUT YOUR STATE’S ABORTION LAWS

Below, we’ve summarized what abortion laws would be in your state after Roe.


The Big Question

After Roe, will my state ban nearly all abortions or allow nearly all abortions?

Arkansas has a “trigger law” called the Arkansas Human Life Protection Act that would ban all abortions except to save the life of the mother immediately after Roe is overturned. Ark. Code Ann. §§ 5-61-304.

Abortion Limits, Exceptions and Enforcement

Limitations on abortions

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If my state won’t ban all abortions, what are the limits to abortion?

Because Arkansas has a “trigger law” banning all abortions except to save the life of the mother that would go into effect immediately after Roe, Arkansas’s other, lesser limitations and regulations currently in their law on abortion would no longer be necessary.


Exceptions to any limitations

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Are there any exceptions to those limitations placed on abortion?

The trigger law includes an exception to save the mother’s life in a medical emergency.  Ark. Code Ann. §§ 5-61-304.


Penalties for performing an illegal abortion

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What are the penalties to abortion providers for committing an illegal abortion (one of the forms of abortion that my state has limited under the law)?

Violations of the trigger law are a felony and punishable by up to 10 years in prison and/or up to $100,000 in fines. Ark. Code Ann. §§ 5-61-304.


Enforcement

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When abortion laws are violated, who can file a lawsuit to enforce their rights and the law?

The law provides no cause of action.


Special standards of care

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Does my state impose a special medical standard of care on abortion providers?

Physicians must take all medically appropriate and reasonable steps to preserve the life and health of an infant who is born alive, among other requirements. Ark. Code Ann. § 20-16-604.


Protecting Fundamental Rights

Parents

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Does my state give parents the right to consent for their child to get an abortion?

Notarized consent from one parent is required; however, this state has a method where a minor can obtain permission from the courts to receive an abortion without parental notice or consent. This provision would also most likely become unnecessary when the trigger law takes effect. Ark. Code Ann. § 20-16-801 to -810.


Medical professionals

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Does my state have conscience protections for medical professionals who do not want to participate in abortions?

Individuals may refuse to participate in medical procedures that result in an abortion. Hospitals, hospital directors, or governing boards may refuse to permit abortions within their institutions. Ark. Code Ann. § 20-16-601.


Babies Born Alive

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Are there legal protections for babies born alive following a botched abortion in my state?

Physicians and medical personnel cannot deny infants nourishment with the intent to result in their death or medically appropriate and reasonable medical care. Ark. Code Ann. § 20-16-604.


Safety & Health of Women

Physician-only requirement

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Does an abortion have to be provided by a licensed physician in my state?

Yes, and the physician must be licensed to practice in the state. Ark. Code Ann. § 5-61-101.


Informed consent

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Does my state’s law require that a woman give informed consent and/or receive counseling prior to allowing an abortion to be performed?

Counseling and informed consent are required; however, this provision would most likely become unnecessary when the trigger law takes effect. Ark. Code Ann. § 20-16-1703.


Waiting period

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Does my state place any waiting requirement on abortion so that a mother has more time to decide?

A 72-hour waiting period after counseling is required; however, this provision would most likely become unnecessary when the trigger law takes effect.  Ark. Code Ann. § 20-16-1703.


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