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In Indiana

After Roe in Indiana, abortion will sometimes be legal.  Hear from Indiana Family Institute about what’s at stake, and how you can be part of the fight for life. Then, keep reading to find out more about what abortion law would be in your state after Roe.

After Roe, states will have an even greater responsibility to protect life. Partner with your state’s family policy council to ensure that your state is pro-life, from conception all the way to natural death!

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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?

Indiana will ban most abortions, with significant exceptions. Read about Indiana’s limits below.

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?

Indiana bans abortions after the fetus is considered viable. (Ind. Code 16-34-2-1(a)(1) (2021)).

Indiana bans partial-birth abortions. (Ind. Code 16-34-2-1(b) (2021)).

Indiana also bans dismemberment abortions. (Ind. Code 16-34-2-1(c) (2021)).

Abortion is prohibited when performed based on: (1) sex selectivity (Ind. Code 16-34-4-5 (2016)), (2) diagnosis of down syndrome (16-34-4-6 (2016)), (3) other disability diagnosis (16-34-4-7 (2016)), and (4) color/race/origin/ancestry of the fetus (16-34-4-8 (2016)).


Exceptions to any limitations

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Are there any exceptions to those limitations placed on abortion?

The statute banning post-viability, partial-birth, and dismemberment abortions includes exceptions for each kind of abortion for when the abortion is necessary to save the mother’s life or prevent her from enduring permanent impairment to physical health (Ind. Code 16-34-2-1(a)(3) (2021)).


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 first trimester ban are level 5 felonies (Ind. Cod 16-34-2-7 (2016)).


Enforcement

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

A mother upon whom a dismemberment abortion is performed can file a lawsuit for injunctive relief, preventing the physician from performing any further dismemberment abortions. A mother’s parents, if she is a minor, may also file for this relief (Ind. Code 16-34-2-9 (2019)). The mother, the unborn child’s father, or the mother’s parents (if she is a minor) can also recover damages for a dismemberment abortion (Ind. Code 16-34-2-10 (2019)).


Special standards of care

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

The physician must determine postfertilization age of the unborn baby before performing an abortion (Ind. Code 16-34-2-2 (2021)).

The physician must conduct the abortion in the manner which gives the unborn child the best opportunity to survive. (Ind. Code 16-34-2-0.5 (2021)).


Protecting Fundamental Rights

Parents

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

Yes, notarized written consent from at least one parent or guardian 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. (Ind. Code 16-34-2-4(a) (2021)).


Medical professionals

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

Private hospitals do not have to allow their facilities to be used for abortions. Healthcare personnel are protected from being forced to participate in abortions or procedures that will lead to an abortion (Ind. Code 16-34-1-3, -4 (1993)).


Babies Born Alive

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

Babies born alive following a botched abortion are treated as a person under the law (Ind. Code 16-34-2-3(c) (2021)).


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, one must be a licensed physician to perform abortions in Indiana (Ind. Cod 16-34-2-1(a)(1)(a) (2021)).


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?

Yes, voluntary and informed consent is required. Physicians have the responsibility to provide the mother with information about the risks, the development of the fetus, alternatives, and more (Ind. Code 16-34-2-1.1(a)(1)-(2) (2021)).


Waiting period

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

Yes, an 18-hour delay after counseling is required (Ind. Code 16-24-2-1.1(a) (2021)).


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