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In Missouri

After Roe, abortion will almost never be legal. Keep reading to find out more about what abortion law would be in your state after Roe.

THE BIG QUESTION

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

Missouri bans nearly all abortions after Roe. It has a “trigger law” called the “Right to Life of the Unborn Child Act” that makes abortion in almost all cases a class B felony. The Act would became effective immediately after Roe was overturned. Mo. Rev. Stat. §188.017.

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WHAT’S NEXT

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

Missouri is in great shape after Roe is overturned. When that happens, Missouri’s top priority should be passing legislation that requires doctors who perform abortions when necessary to save a mother’s life to conduct the procedure in the manner that gives the unborn child the best chance to survive the procedure. This should include legal protections for babies who do survive these procedures, usually known as “born alive laws.”

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 Missouri has a “trigger law” banning almost all abortions that would go into effect immediately after Roe, Missouri’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?

Yes: In a medical emergency, there is an exception to preserve the life of the mother or prevent substantial and irreparable physical impairment. Mo. Rev. Stat. §188.056.

 

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)?

Any physician who violates the trigger law is guilty of a class B felony and their license will be subject to suspension or revocation. Mo. Rev. Stat. §188.017.

 

Enforcement

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

No one.

 

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: Written consent is required from at least one parent or guardian who has also notified any other custodial parent or guardian, with exceptions ; 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. Mo. Rev. Stat. §188.028.

 

Medical professionals

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

Yes: Missouri protects healthcare workers from discrimination. Mo. Rev. Stat. §188.105.

 

Babies Born Alive

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

No.

 

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 physicians can perform abortions. Mo. Rev. Stat. §188.020.

 

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: Consent is required (Mo. Rev. Stat. §188.027) but can be withdrawn at any time without risk or loss to future care, treatments, or benefits (Mo. Rev. Stat. §188.027(8)).

The acting physician is required to provide the mother with information regarding the characteristics of the unborn child, risks involved with abortion, opportunities to hear the heartbeat (if audible), and describe the affects of abortion on the unborn child, alternatives to abortion, and more. Mo. Rev. Stat. §188.027(2)-(7).

These provisions would most likely become unnecessary when the trigger law takes effect.

 

Waiting period

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

Yes: A 72-hour waiting period is required for either in-clinic or chemical abortion; however, this provision would most likely become unnecessary when the trigger law takes effect. Mo. Rev. Stat. §188.039.

 

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MAKING A MORE PROLIFE MISSOURI

Your state does not (yet!) have a state family policy council working on the issue of life at your state’s capitol. But the need to fight for life in your state is critical!

If you’re interested in helping start a state family policy council in Missouri, please contact us at: Mail@familypolicyalliance.com.

And, be sure to check out the good prolife work being done by our national allies as well and find a way to plug into the #AfterRoe movement!

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