In Oklahoma

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

Because Oklahoma has a law banning almost all abortions that would probably go into effect after Roe, Oklahoma’s other, lesser limitations and regulations currently in their law on abortion would no longer be necessary.

Are there any exceptions to those limitations placed on abortion?

It is an exception to the complete abortion ban passed in 2022 if the abortion is necessary to preserve the mother’s life. 2022 OK. ALS 11, 2022 OK. Laws 11, 2022 OK. Ch. 11, 2021 OK . SB 612.

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 statute predating Roe are a felony punishable by 2-5 years imprisonment. O.S. §, 21-32-861.

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

No cause of action is provided in the law.

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

No.

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

Written informed consent from one parent or judicial authorization are 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. This provision would most likely become unnecessary if the law banning abortions takes effect. 63 Okl. St. § 1-740.3; 63 Okl. St. § 1-740.2.

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

Hospitals and individuals are not required to perform abortions in violation of their conscience. O.S. § 1-741.

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

Children who survive abortions are due the same as the rights as an infant of similar medical status prematurely born. 59 Okl. St. § 524.

Does an abortion have to be provided by a licensed physician in my state?

One must be a physician licensed to practice in the state in order to perform abortions. Violators are guilty of a felony punishable by 1-3 years imprisonment. 63 Okl. St. § 1-740.4a.

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. Counseling on pregnancy and abortion is required; however, this provision would most likely become unnecessary if the law banning abortions takes effect. 63 Okl. St. § 1-738.2.

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

Oklahoma requires a 72-hour waiting period for abortions; however, this provision would most likely become unnecessary if the law banning abortions takes effect. 63 Okl. St. § 1-738.2.