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In Maine

After Roe in Maine, abortion is legal until the unborn child is considered viable. Hear from Christian Civic League of Maine 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!

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THE BIG QUESTION

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

Maine allows most abortions after Roe. Abortions are now allowed pre-viability. 22 M.R.S.A. § 1598.

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WHAT’S NEXT

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

After Roe, the top priority in Maine is to defund or at least reduce spending on abortion, while at the same time increasing the amount of resources poured into pregnancy centers and adoption.

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

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If my state won’t ban all abortions, what are the limits to abortion?

Abortions are not permitted after viability L.D 1619, 131st Legis, 1st Spec. Sess. (Me. 2023).

Performing an abortion on a minor without the written consent of a parent (read about Maine’s consent requirements below), guardian, or adult family member is a Class D crime. 22 M.R.S.A. §§ 1597-A(2), 1597-A(8).

 

Exceptions to any limitations

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Are there any exceptions to those limitations placed on abortion?

Yes, if the abortion is necessary in the professional judgement of a physician.  L.D 1619, 131st Legis, 1st Spec. Sess. (Me. 2023).

 

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)?

Performing an abortion on a minor without the written consent of a parent (read about Maine’s consent requirements below), guardian, or adult family member is a Class D crime. 22 M.R.S.A. § 1597-A(2), § 1597-A(8)

 

Enforcement

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

The law provides no cause of action.

 

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 one parent, guardian, or adult family member is required for minors; however, this state has a method where a minor can obtain permission from the courts to receive an abortion without parental notice or consent. 22 M.R.S.A § 1597-A.

 

Medical professionals

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

Yes, healthcare professionals who refuse to perform or participate in abortions are protected from discrimination and liability through civil actions. 22 M.R.S.A. §§ 1591, 1592

 

Babies Born Alive

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

Yes: Babies born alive are fully recognized as a human person under Maine law. 22 M.R.S.A. §1595.

Failure to take all reasonable steps to preserve the life and health of the live born child shall subject the responsible party or parties to Maine law governing homicide, manslaughter, civil liability for wrongful death, and medical malpractice. 22 M.R.S.A. §1594.

A person may not use, transfer, distribute, or give away a live human fetus or any product of conception considered live born for any form of experimentation. Violating this is a Class C crime. 22 M.R.S.A. §1593(1).

 

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?

Abortions may be performed only by a licensed physician or physician assistant. L.D 1619, 131st Legis, 1st Spec. Sess. (Me. 2023).

 

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, the doctor must receive the informed consent of the mother before performing the abortion, 22 M.R.S.A. § 1599-A, and counseling is required for minors. 22 M.R.S.A. § 1597-A.

 

Waiting period

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

No.

 

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