In Tennessee
After Roe in Tennessee, abortion will be illegal in most circumstances. Hear from Family Action Council of Tennessee about what’s at stake, and how you can be part of the fight for life. Then, keep reading to find out more about what abortion law would be in your state after Roe.
After Roe, states will have an even greater responsibility to protect life. Partner with your state’s family policy council to ensure that your state is pro-life, from conception all the way to natural death!
Connect with Family Action Council of Tennessee
THE BIG QUESTION
After Roe, will my state ban nearly all abortions or allow nearly all abortions?
Tennessee will ban nearly all abortions after Roe. It passed a “trigger law” that would institute a near-total abortion ban, with exceptions, if Roe is overturned. TN ST § 39-15-213.
WHAT’S NEXT
What is my state’s next step in the fight for life, once Roe is overturned?
Tennessee is in great shape after Roe v. Wade is overturned. Our state’s top priority will be to ensure that our trigger law (a law that bans abortions in the state once Roe is overturned) goes into effect. But we won’t stop there. We will work to advance constitutional arguments and litigation so that Tennessee leads the way in ensuring a right to life for all persons is recognized in the U.S. Constitution.
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
If my state won’t ban all abortions, what are the limits to abortion?
Because Tennessee has a “trigger law” banning almost all abortions that would go into effect immediately after Roe, Tennessee’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?
The trigger law includes an exception for when an abortion is necessary to save the mother’s life “or to prevent serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman.” TN ST § 39-15-213.
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)?
A violation of the trigger law is a class C felony. TN ST § 39-15-213.
Enforcement
When abortion laws are violated, who can file a lawsuit to enforce their rights and the law?
No one at this time.
Special standards of care
Does my state impose a special medical standard of care on abortion providers?
A physician must perform the abortion in the manner which gives the unborn child the best opportunity to survive. TN ST § 39-15-213.
Protecting Fundamental Rights
Parents
Does my state give parents the right to consent for their child to get an abortion?
Consent from one parent is 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 when the trigger law takes effect. Tenn. Code Ann. §§ 37-10-303.
Medical professionals
Does my state have conscience protections for medical professionals who do not want to participate in abortions?
Physicians may refuse to perform abortions and other individuals may refuse to participate in abortions. Tenn. Code Ann. §§ 39-15-204.
Hospitals may refuse to permit abortion performance or accept a patient for an abortion. Tenn. Code Ann. §§ 39-15-205.
Babies Born Alive
Are there legal protections for babies born alive following a botched abortion in my state?
Born-alive infants surviving botched abortions are granted the same rights to medical treatment as an infant of similar medical status prematurely born spontaneously. Tenn. Code Ann. § 35-15-206.
Prematurely born-alive infants after voluntary abortions are considered abandoned under custody rules. Tenn. Code Ann. § 39-15-207.
Safety & Health of Women
Physician-only requirement
Does an abortion have to be provided by a licensed physician in my state?
Yes, one must be a physician to perform abortions in Tennessee. Tenn. Code Ann. § 39-15-201(c).
Informed consent
Does my state’s law require that a woman give informed consent and/or receive counseling prior to allowing an abortion to be performed?
Counseling and informed consent are required; however, this provision would most likely become unnecessary when the trigger law takes effect. Tenn. Code Ann. § 39-15-202.
Waiting period
Does my state place any waiting requirement on abortion so that a mother has more time to decide?
A 48-hour waiting period after counseling and informed consent is required; however, this provision would most likely become unnecessary when the trigger law takes effect. Tenn. Code Ann. § 39-15-202.