Although the U.S. Supreme Court legalized abortion with its 1973 Roe v. Wade decision, states have been free to regulate the practice in a number of different ways. Many states require a waiting period, parental consent, and some form of counseling prior to the procedure. Some states have passed such restrictive regulations that abortion is not a practical option for the majority of their residents, while others are much more permissive.
Oklahoma's abortion laws are quite restrictive compared to those of other states.
Supreme Court Ruling: Whole Woman's Health v. Hellerstedt
Oklahoma law required abortion clinics to meet the structural standards of surgical facilities, while a law requiring abortion providers to have hospital admitting privileges was put on hold pending court decisions. However, the U.S. Supreme Court's decision in Whole Woman's Health v. Hellerstedt on June 27, 2016 ruled against similar restrictions in Texas, which will likely affect such regulations in Oklahoma as well.Â
The following chart contains details of abortion laws in Oklahoma, with links to related sources. See FindLaw's Abortion section for additional articles.
| Code Section | Tit. 63§§1-730 to 741; 21§§713 to 714; 21§861; 21§684 |
| Statutory Definition of Illegal Abortion | (1) Non-licensed person performs abortion; (2) failure to meet standards for legal abortion; (3) taking life of viable fetus unless necessary to preserve life, health of mother or failure to provide medical aid to fetus; purposeful termination of a human pregnancy with intent other than to produce a live birth or remove a dead fetus. Partial Birth Abortion: Physicians shall be fined $10,000 and/or imprisoned for not more than 2 years for performing a partial birth abortion except when necessary to save the mother when her life is endangered by a physical disorder, illness, or injury |
| Statutory Definition of Legal Abortion | After viability, necessary to preserve life, health of mother (viability presumed after 24th week). If abortion is self-induced, must be under supervision of M.D.; after viability M.D. required to aid fetus, except in medical emergency |
| Penalty for Unlawful Abortion | Person who administers or uses drugs or any other instrument to procure miscarriage unless to save life of mother: 2-5 yrs. imprisonment; if mother is pregnant with unborn quick child and child or mother dies: at least 4 yrs. imprisonment; person not M.D. performing abortion: 1 to 3 years in state penitentiary; anyone aborting viable fetus not to prevent mother's death or health impairment: homicide; willful killing of unborn quick child by injuring mother or any other means (drugs, medicines, instruments): manslaughter |
| Consent Requirements | Parent of a minor must be notified and give consent. |
| Residency Requirements for Patients | - |
| Additional Patient Requirements | Patient must receive state-directed counseling (including pros and cons of an abortion) and then wait 24 hours before having the procedure. |
| Physician Licensing Requirements | Licensed M.D.; doctor must certify necessity of procedure after viability, including factors considered |
Note: State laws are always subject to change at any time, usually through legislation or case law. You may want to contact an Oklahoma health care attorney or conduct your own legal research to verify the state law(s) you are researching.
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Oklahoma Abortion Laws: Related Resources
