In Indiana
After Roe in Indiana, abortion is mostly illegal. 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 learn more about your state’s post-Roe abortion laws.
After Roe, states 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!
Connect with Indiana Family Institute
THE BIG QUESTION
After Roe, does my state ban nearly all abortions or allow nearly all abortions?
Indiana bans most abortions, with significant exceptions. Read about Indiana’s limits below.
WHAT’S NEXT
What is my state’s next step in the fight for life, now that Roe is overturned?
Our top policy priority must be for the Governor to call a special session of the state legislature to protect women and unborn babies in Indiana. For too long, abortionists like Ulrich Klopfer (now deceased abortionist in Fort Wayne) have killed babies and harmed mothers in Indiana. The governor and the legislature must put a stop to that this summer.
The fight for life will continue until abortion is unthinkable in Indiana.
MORE ABOUT YOUR STATE’S ABORTION LAWS
Below, we’ve summarized what abortion laws are in your state after Roe.
Abortion Limits, Exceptions and Enforcement
Limitations on abortions
If my state won’t ban all abortions, what are the limits to abortion?
Indiana bans most abortions after fertilization. Burns Ind. Code Ann. § 16-34-2-1.
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
Are there any exceptions to those limitations placed on abortion?
The post-fertilization ban includes exceptions for pre-viability abortion when the life of the mother is at stake, and in cases of rape, incest, and “lethal fetal anomaly.” Burns Ind. Code Ann. § 16-34-2-1.
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
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)?
Physicians who violate the post-fertilization ban are guilty of a level 5 felony and will lose his/her medical license. Burns Ind. Code Ann. § 16-34-2-1.
Violations of the first trimester ban are level 5 felonies. Ind. Cod 16-34-2-7 (2016).
Enforcement
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
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). However, Indiana’s near total abortion ban renders these provisions largely obsolete.
Protecting Fundamental Rights
Parents
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. However, Indiana’s near total abortion ban renders this provision largely obsolete. Ind. Code 16-34-2-4(a) (2021).
Medical professionals
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. However, Indiana’s near total abortion ban renders this provision largely obsolete. Ind. Code 16-34-1-3, -4 (1993).
Babies Born Alive
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
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)(B) (2021).
Informed consent
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
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).