Kansas has some of the most restrictive abortion laws in the United States. While abortion is permitted under the Constitution, states have some freedom to set certain regulations regarding how and when abortions can be performed. Here is an overview of abortion laws in Kansas.
Kansas Statutes
Kansas law has extensive requirements that must be met before an abortion can be performed. State statutes require notification of at least one parent prior to an abortion, and mandate a 24-hour waiting period before the procedure. During this waiting period, a woman must also receive counseling and a notification of services, as well as consent to mandatory fetal ultrasound.
Supreme Court Ruling: Admitting Privileges and Surgical Facilities
While Kansas law required abortion providers to have admitting privileges at a nearby hospital and facilities to meet the standards of surgical centers, these regulations were on hold pending court rulings. The United States Supreme Court's 5-3 decision in Whole Woman's Health v. Hellerstedt on June 27, 2016 ruled against similar restrictions in Texas, most likely affecting Kansas law as well.Â
The details of Kansas’s abortion statutes are listed below.
| Code Section | Kansas Statutes 65-6701 et seq.: Abortion |
| Statutory Definition of Illegal Abortion | To perform or induce abortion when fetus is viable, that is, in attending physician's best medical judgment, fetus is capable of sustained survival outside the uterus without extraordinary medical means |
| Statutory Definition of Legal Abortion | As long as fetus is not viable (and mother's informed consent obtained); abortion of viable fetus permitted if 2nd M.D. certifies that abortion is necessary to preserve life of mother or fetus has severe, life-threatening deformity or abnormality |
| Penalty for Unlawful Abortion | Class A nonperson misdemeanor |
| Consent Requirements | Informed consent of all women before abortion (not applicable in emergency); Notice must be given to one of unemancipated minor's parents or guardian (court can waive notice requirement on finding minor sufficiently mature or notice not in minor's best interest) |
| Residency Requirements for Patients | - |
| Physician Licensing Requirements | Licensed M.D.; 2nd M.D. (not financially associated with 1st M.D.) to certify abortion of viable fetus to preserve life of mother |
The United States Supreme Court in Roe v. Wade guaranteed women a Constitutional right to choose whether to end a pregnancy during the first trimester. The case was decided in 1973, and since then abortion in the United States has technically been legal. However, the Court also allowed states to regulate certain aspects of their abortion laws, such as the notice, counseling, waiting period, and ultrasound requirements noted above.
More Resources on Kansas Abortion Laws
Decisions regarding abortion can have serious consequences, both emotionally and legally. You can visit FindLaw’s sections on Abortion, Birth Control, and Health Care Law for additional articles and information on this topic. You can also consult with a Kansas health care attorney in your area if you would like legal assistance regarding an abortion matter.
