In Ohio

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

Ohio has a heartbeat law banning abortion after a fetal heartbeat is detected. Ohio Rev. Code § 2919.195 (2021).

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).

Are there any exceptions to those limitations placed on abortion?

Yes: it is an exception to the heartbeat law “in order to prevent the death of the pregnant woman or to avoid a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman that delay in the performance or inducement of the abortion would create.” Ohio Rev. Code § 2919.195 (2021).

It is an exception to the post-viability and 20 week bans 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); Ohio Rev. Code § 2919.17 (2011).

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 heartbeat law are a felony of the fifth degree. Ohio Rev. Code § 2919.195 (2021).

Abortion after viability or after 20 weeks is a fourth-degree felony. Ohio Rev. Code § 2919.17(F) (2021); Ohio Rev. Code § 2919.201. (2017).

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

A person who performs an abortion in violation of the viability ban or the 20 week ban is liable in a civil action for compensatory and exemplary damages and reasonable attorney’s fees to any person, or the representative of the estate of any person, who sustains injury, death, or loss to person or property as the result of the performance or inducement or the attempted performance or inducement of the abortion. Ohio Rev. Code § 2919.17 (2021); Ohio Rev. Code § 2919.201. (2017).

Does my state impose a special medical standard of care on abortion providers?

Yes, abortions performed under one of the exceptions to the 20 week or viability bans must be performed in health care facility with neonatal services for premature infants, in a manner that provides the best opportunity for the unborn child to survive, and with at least one other physician who is to take control of, provide immediate medical care for, and take all reasonable steps necessary to preserve the life and health of the unborn child after delivery. Ohio Rev. Code § 2919.17 (2021); Ohio Rev. Code § 2919.201. (2017).

Does my state give parents the right to consent for their child to get an abortion?

Consent and notification are not required, and this state also has a method where a minor can obtain permission from the courts to receive an abortion without parental notice or consent. Ohio Rev. Code § 2151.85(A) (2013). However, the heartbeat ban renders this provision largely unnecessary.

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).

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).

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), 2919.11, 4731.41, 2919.123 (2021).

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).

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).