After Roe, abortion is never 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 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 The Family Foundation
THE BIG QUESTION
After Roe, does 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 Unfortunately, that law is currently enjoined by a Circuit Court judge pending future litigation..
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.
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?
Kentucky bans almost all abortions due to its “trigger” law, which came into effect immediately after Roe was overturned. KY ST § 311.772.
Kentucky also has a partial-birth abortion ban, which is largely obsolete due to the “trigger” law. H.B. 349, 2023 Reg. Sess. (Ky. 2023).
Exceptions to any limitations
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.
The partial-birth law also includes an exception to prevent the death or substantial risk of death due to a physical condition of the mother. However, this provision is largely obsolete due to the “trigger” law. H.B. 349, 2023 Reg. Sess. (Ky. 2023).”
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)?
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. However, this provision is largely obsolete due to the “trigger” law. KY ST § 311.990.
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
Does my state impose a special medical standard of care on abortion providers?
Protecting Fundamental Rights
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. However, this provision is largely obsolete due to the “trigger” law. KRS § 311.732
Does my state have conscience protections for medical professionals who do not want to participate in abortions?
Counseling and informed consent are required; however, this provision has become unnecessary because of the “trigger” law. KRS § 311.725.
Safety & Health of Women
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.
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.