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In Kansas

Kansas’s legal protections for unborn life have been put in danger by the Kansas Supreme Court—sadly, they cannot yet prepare for the end of Roe.  In fact, Kansas is likely the state that is the least prepared for a world after Roe right now. But, pro-lifers in Kansas are working hard to fix that, and you can help! Hear from the Value Them Both campaign 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.

Kansans have a great responsibility to protect life—before they can even envision a world after Roe. Partner with Value Them Both to protect Kansas’ prolife laws that are all at risk.

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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?

Kansas is a state that cannot yet prepare for what comes after Roe. Kansas has many strong prolife laws on the books currently, but a recent ruling from the Kansas Supreme Court puts all those laws at risk. The Court, like that in Roe v. Wade, invented a “right to abortion” in the Kansas Constitution and gave Kansans even less say in the process than the U.S. Court does. To fix this Court ruling and to rein in the activist Kansas high court, Kansans will have the opportunity to vote on the “Value Them Both” constitutional amendment (HCR 5003) in August 2022 that will 1) overturn the Court’s ruling by declaring that there is no right to an abortion in the Kansas constitution, and 2) restore the ability of Kansans to regulate abortions through their elected representatives.

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?

The following limitations are “on the books” in Kansas law, but have been put at risk by the Kansas Supreme Court ruling that found a supposed “right to an abortion” in the Kansas constitution:

 

Abortion is prohibited at the time of viability. (Kan. Stat. Ann § 65-6703(a) (2014)).

Gender-selective abortions are prohibited. (Kan. Stat. Ann § 65-6726(a) (2014)).

Partial-birth abortion is prohibited. (Kan. Stat. Ann § 65-6721 (2014)).

Abortions are prohibited when a baby can feel pain, recognized at 20 weeks gestation by statute (Kan. Stat. Ann § 65-6722 (2014)).


Exceptions to any limitations

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Are there any exceptions to those limitations placed on abortion?

Yes, if there is a medical emergency to preserve the mother’s life or prevent substantial and irreversible physical impairment (Kan. Stat. Ann § 65-6703(a) (2014)).


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)?

The first violation of the post-viability ban is a class A nonperson misdemeanor; future violations are a severity level 10, nonperson felony.(Kan. Stat. Ann § 65-6703(k) (2014)).


Enforcement

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

The father of the unborn child or parents of the mother (if she is under 18 years old) may obtain relief in a civil action for violations of the partial-birth ban. (Kan. Stat. Ann. § 65-6703(g) (2014)).


Special standards of care

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

No.


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, consent from both parents 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. (Kan. Stat. Ann § 65-6704 (2014)).


Medical professionals

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

Yes, discrimination is prohibited towards those that do not provide, pay, or refer for abortions. (Kan. Stat. Ann § 65-6737 (2014))


Babies Born Alive

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

Physicians have a legal obligation to maintain the life and health of the child born alive following a botched abortion. (Kan. Stat. Ann § 65-6710(3) (2014)).


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, only a licensed physician can perform an abortion in Kansas, and he/she must have a documented referral from a non-interested physician. (Kan. Stat. Ann § 65-6703 (2014))


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?

Informed and voluntary consent is required. (Kan. Stat. Ann § 65-6709 (2014)).

The physician is required to provide informational materials, risks, alternatives, etc. (Kan. Stat. Ann § 65-6709 (2014)).


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 24-hour waiting period is required (Kan. Stat. Ann § 65-6709 (2014)).


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