In Kansas
Kansas’s legal protections for unborn life have been put in danger by the Kansas Supreme Court. But, pro-lifers in Kansas are working hard to fix that, and you can help! Hear from Kansas Family Voice about what’s at stake, and how you can be part of the fight for life. Then, keep reading to find out more about your state’s post-Roe abortion laws.
THE BIG QUESTION
After Roe, does my state ban nearly all abortions or allow nearly all abortions?
Kansas has many strong prolife laws on the books currently, but a recent ruling from the Kansas Supreme Court puts all those laws at risk. The Court, like that in Roe v. Wade, invented a “right to abortion” in the Kansas Constitution and gave Kansans even less say in the process than the U.S. Court does. Pro-lifers will need to work hard to protect the abortions limitations Kansas does have. Read about them below and connect with Kansas Family Voice to learn how you can help.
WHAT’S NEXT
What is my state’s next step in the fight for life, now that Roe is overturned?
Here in Kansas, we have a disappointing circumstance now that Roe is overturned-we still have to contend with a Kansas Supreme Court decision that made abortion a “right.”
MORE ABOUT YOUR STATE’S ABORTION LAWS
Below, we’ve summarized what abortion laws are in your state after Roe.
Abortion Limits, Exceptions and Enforcement
If my state won’t ban all abortions, what are the limits to abortion?
The following limitations are “on the books” in Kansas law, but have been put at risk by the Kansas Supreme Court ruling that found a supposed “right to an abortion” in the Kansas constitution:
Abortion is prohibited at the time of viability. Kan. Stat. Ann § 65-6703(a) (2014).
Gender-selective abortions are prohibited. Kan. Stat. Ann § 65-6726(a) (2014).
Partial-birth abortion is prohibited. Kan. Stat. Ann § 65-6721 (2014).
Abortions are prohibited when a baby can feel pain, recognized at 20 weeks gestation by statute Kan. Stat. Ann § 65-6722 (2014).
Are there any exceptions to those limitations placed on abortion?
Yes, if there is a medical emergency to preserve the mother’s life or prevent substantial and irreversible physical impairment. Kan. Stat. Ann § 65-6703(a) (2014).
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)?
The first violation of the post-viability ban is a class A nonperson misdemeanor; future violations are a severity level 10, nonperson felony. Kan. Stat. Ann § 65-6703(k) (2014).
Violations of the gender-seletive abortions is a class A nonperson misdemeanor; future violations are a severity level 10, nonperson felony Kan. Stat. Ann § 65-6726 (2014).
Violations of the partial-birth ban is a level 8 person felony. Kan. Stat. Ann § 65-6721 (2014).
The abortion ban after the child can feel pain is a class A nonperson misdemeanor; future violations are a severity level 10, nonperson felony. Kan. Stat. Ann § 65-6724 (2014).
When abortion laws are violated, who can file a lawsuit to enforce their rights and the law?
The mother, the father (if married to the mother), or the parents of the mother (if she is under 18 years old) may obtain relief in a civil action for violations of the viability ban. Kan. Stat. Ann. § 65-6703(g) (2014).
The mother, the father (if married to the mother), or the parents of the mother (if she is under 18 years old) may obtain relief in a civil action for violations of the gender-selective ban. Kan. Stat. Ann § 65-6726 (2014).
The father of the unborn child (if married to the mother) or parents of the mother (if she is under 18 years old) may obtain relief in a civil action for violations of the partial-birth ban. Kan. Stat. Ann § 65-6721 (2014).
The father of the unborn child (if married to the mother) or parents of the mother (if she is under 18 years old) may obtain relief in a civil action for violations of the pain-capable abortion ban. Kan. Stat. Ann § 65-6724 (2014).
Does my state impose a special medical standard of care on abortion providers?
No.
Protecting Fundamental Rights
Does my state give parents the right to consent for their child to get an abortion?
No, but a parent, guardian, or person over 21 must accompany the minor mother in her decision-making regarding whether to have an abortion. Kan. Stat. Ann § 65-6704 (2014).
Does my state have conscience protections for medical professionals who do not want to participate in abortions?
Yes, discrimination is prohibited towards those that do not provide, pay, or refer for abortions. Kan. Stat. Ann § 65-6737 (2014).
Are there legal protections for babies born alive following a botched abortion in my state?
Physicians have a legal obligation to maintain the life and health of the child born alive following a botched abortion. Kan. Stat. Ann § 65-6710(3) (2014).
Safety & Health of Women
Does an abortion have to be provided by a licensed physician in my state?
Yes, only a licensed physician can perform an abortion in Kansas, and he/she must have a documented referral from a non-interested physician. Kan. Stat. Ann § 65-6703 (2014).
Does my state’s law require that a woman give informed consent and/or receive counseling prior to allowing an abortion to be performed?
Informed and voluntary consent is required. Kan. Stat. Ann § 65-6709 (2014).
The physician is required to provide informational materials, risks, alternatives, etc. Kan. Stat. Ann § 65-6709 (2014).
Does my state place any waiting requirement on abortion so that a mother has more time to decide?
A 24-hour waiting period is required. Kan. Stat. Ann § 65-6709 (2014).
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