After Roe in Oklahoma, abortion will be illegal in most circumstances. Keep reading to find out more about what abortion law would be in your state after Roe.
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?
Oklahoma will likely ban nearly all abortions after Roe is overturned. It has a statute that predates Roe and bans almost all abortions. It has been ruled unconstitutional but has not been repealed and would likely take effect again if Roe were to be overturned. O.S. §, 21-32-861.
Abortion Limits, Exceptions and Enforcement
Limitations on abortions
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.
Exceptions to any limitations
Are there any exceptions to those limitations placed on abortion?
An exception to the statute predating Roe is if the abortion is necessary to preserve the mother’s life. O.S. §, 21-32-861.
Penalties for performing an illegal abortion
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.
Special standards of care
Does my state impose a special medical standard of care on abortion providers?
Protecting Fundamental Rights
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.
Safety & Health of Women
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.
MAKING A MORE PROLIFE OKLAHOMA
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 Oklahoma, 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!