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In Ohio

After Roe, abortion will still be legal until the unborn baby is considered viable or before the 20th week of the pregnancy.  Connect with your local family policy council to stay up-to-date on the pro-life movement in your state—now and after Roe. Then, keep reading to find out more about what abortion law would be in your state after Roe.

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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?

Ohio will continue to ban abortion after viability or 20 weeks gestation after Roe is overturned. Read more about Ohio’s abortion restrictions below.

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?

Abortion is prohibited either post-viability (Ohio Rev. Code § 2919.17(E) (2011)) or after twenty weeks (§ 2919.201(A) (2017)), whichever comes earlier.

Abortion is prohibited if the mother is seeking to abort due to a diagnosis of Down syndrome in the unborn child. Ohio Rev. Code § 2919.10(B) (2018).


Exceptions to any limitations

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Are there any exceptions to those limitations placed on abortion?

Yes: It is an exception to the post-viability ban to prevent the death of the mother or substantial and irreversible impairment of a major bodily function. Ohio Rev. Code § 2919.201(B)(1)(b) (2017).


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)?

Abortion after viability is a fourth-degree felony. Ohio Rev. Code § 2919.17(F) (2021).

Performing or inducing an abortion without informed consent after viability is a misdemeanor on the first degree and a fourth-degree felony. Ohio Rev. Code § 2919.194(E) (2019).


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?

Consent and notification are not required. Ohio Rev. Code § 2151.85(A) (2013).


Medical professionals

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

Yes: A refusal to perform or participate in an abortion is not grounds for disciplinary or recriminatory actions. Ohio Rev. Code § 4731.91(D) (1974).


Babies Born Alive

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

Yes: The physician is required to preserve the life of the child. Ohio Rev. Code 2919.13(B) (1974).


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 physician to conduct abortions in Ohio. Ohio Rev. Code § 2919.201(F) (2021).


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 physician is required to inform the mother of risks, nature of abortion, and probable gestational age. Ohio Rev. Code § 2317.56(B)(1) (2021).

Consent must be given voluntarily and knowingly. Ohio Rev. Code § 2317.56(B)(4)(b) (2021).


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 24-hour waiting period is required. Ohio Rev. Code § 2317.56(B)(1) (2021).


#AfterRoe - Are You Ready?