afterroe_logo_rgb

In Oklahoma

After Roe in Oklahoma, abortion will be illegal in almost all circumstances. Keep reading to find out more about what abortion law 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 bans nearly all abortions now that Roe is overturned. In 2022, the state legislature passed laws prohibiting abortion in all circumstances except to save the life of the mother in a medical emergency that have gone into effect now that Roe is overturned. 2022 OK. ALS 11, 2022 OK. Laws 11, 2022 OK. Ch. 11, 2021 OK. SB 612, SB 1555

pregnancy-test-1194891943_bottom-fade_short

WHAT’S NEXT

What is my state’s next step in the fight for life, once Roe is overturned?

Oklahoma is in great shape after Roe is overturned. Oklahoma’s top priority after Roe should be to establish at law a medical standard requiring doctors to perform abortions necessary to save a mother’s life in such a way that gives the unborn child the best chance of surviving the procedure. No such standard currently exists in Oklahoma law.

MORE ABOUT YOUR STATE’S ABORTION LAWS

Below, we’ve summarized what abortion laws would be in your state after Roe.

Abortion Limits, Exceptions and Enforcement

Limitations on abortions

plus icon
minus icon

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

plus icon
minus icon

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.


Penalties for performing an illegal abortion

plus icon
minus icon

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.


Enforcement

plus icon
minus icon

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

plus icon
minus icon

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

No.


Protecting Fundamental Rights

Parents

plus icon
minus icon

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.


Medical professionals

plus icon
minus icon

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.


Babies Born Alive

plus icon
minus icon

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.


Safety & Health of Women

Physician-only requirement

plus icon
minus icon

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.


Informed consent

plus icon
minus icon

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.


Waiting period

plus icon
minus icon

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.


red-stripes

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!

red-stripes

The opportunity of a lifetime