In Oklahoma

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

Because Oklahoma has a law banning abortions after a detectable heartbeat, Oklahoma’s other, lesser limitations and regulations are not as necessary. Okla. Stat. Ann. tit. 63, § 1-731.3.

Oklahoma also has a viability abortion ban. Okla. Stat. Ann. tit. 63, § 1-732 20 week abortion ban. Okla. Stat. Ann. tit. 63, § 1-745.5.

Are there any exceptions to those limitations placed on abortion?

The heartbeat ban has an exception to save the mother’s life or to avert serious risk of substantial and irreversible physical impairment of the mother’s major bodily function. Okla. Stat. Ann. tit. 63, § 1-731.3.

The viability ban and the 20 week ban have exceptions for when abortion is necessary to save the mother’s life or to prevent impairment to her health. Okla. Stat. Ann. tit. 63, § 1-732; Okla. Stat. Ann. tit. 63, § 1-745.5.

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 abortion bans are a felony. Okla. Stat. Ann. tit. 63, § 1-729.2.

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

The mother, father, or the paternal grandparents (if the mother is a minor) may maintain an action against the person who performed or induced an abortion in knowing or reckless violation of the abortion bans. Okla. Stat. Ann. tit. 63, § 1-729.3.

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 is mostly unnecessary in light of the heartbeat ban. 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?

OOne 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. Okla. Stat. Ann. tit. 63, § 1-731.

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 is largely obsolete in light of the heartbeat ban. 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 is largely obsolete in light of the heartbeat ban. 63 Okl. St. § 1-738.2.