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In Kentucky

After Roe, abortion will never be legal except to save the life of the mother. Hear from The Family Foundation 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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THE BIG QUESTION

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

Kentucky bans nearly all abortions, both chemical and surgical, after Roe. It has a “trigger law” that bans abortions in nearly all circumstances now that Roe is overturned. KY ST § 311.772.

Kentucky also has a ban after a heartbeat is detectable, but the law is enjoined. Because of Kentucky’s trigger law, this provision is likely unnecessary now that Roe is overturned. KY ST § 311.7704, 7705, .7706.

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WHAT’S NEXT

What is my state’s next step in the fight for life, once Roe is overturned?

Once Roe v. Wade is overturned, Kentucky must ensure that misguided activist state judges cannot repeat its unjustifiable judicial overreach by inventing a state right to abortion at any stage of pregnancy. Kentuckians will have an opportunity to vote for the “Yes for Life” Amendment on November 8, 2022. The Amendment would add the following language to the Kentucky Constitution: “To protect human life, nothing in this Constitution shall be construed to secure or protect a right to abortion or require the funding of abortion.” Kentuckians can learn more at https://www.yesforlifeky.com/

Kentucky’s pro-life movement will also need to ensure that government officials are in place that are willing and able to defend and enforce the Commonwealth’s pro-life laws, like our conditional “trigger” law which will outlaw abortion in Kentucky once Roe v. Wade is overturned.

MORE ABOUT YOUR STATE’S ABORTION LAWS

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

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 Kentucky has a “trigger law” banning almost all abortions that would go into effect immediately after Roe, Kentucky’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 prevent the death or substantial risk of death due to a physical condition of the mother. KY ST § 311.772.


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 Class D felonies. KY ST § 311.772.

Violations of the heartbeat law are a Class D felony punishable by up to 5 years imprisonment. KY ST § 311.990.


Enforcement

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

Mothers can bring a wrongful death action against violators of the heartbeat law. KY ST § 311.7709.


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. Informed written consent from the minor and 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 most likely become unnecessary when the trigger law takes effect. KRS § 311.732


Medical professionals

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

Physicians, nurses, hospital staff members, or employees of a hospital or health-care facility who object on moral, religious, or professional grounds may refuse to participate in abortions. The objections must be made in writing. Ky. Rev. Stat. Ann. § 311.800.


Babies Born Alive

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

Born-alive infants must be provided nourishment and medically appropriate and reasonable medical care. KY ST § 311.823.


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. Ky. Rev. Stat. Ann. § 311.750.


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. Ky. Rev. Stat. Ann. § 311.725.


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 delay is required after counseling and written consent; however, this provision would most likely become unnecessary when the trigger law takes effect. Ky. Rev. Stat. Ann. § 311.725.


ELECTION 2022