IC 16-34-2
    Chapter 2. Requirements for Performance of Abortion; CriminalPenalties

IC 16-34-2-1
Required circumstances of legal abortion
    Sec. 1. (a) Abortion shall in all instances be a criminal act, exceptwhen performed under the following circumstances:
        (1) During the first trimester of pregnancy for reasons basedupon the professional, medical judgment of the pregnantwoman's physician if:
            (A) the abortion is performed by the physician;
            (B) the woman submitting to the abortion has filed herconsent with her physician. However, if in the judgment ofthe physician the abortion is necessary to preserve the life ofthe woman, her consent is not required; and
            (C) the woman submitting to the abortion has filed with herphysician the written consent of her parent or legal guardianif required under section 4 of this chapter.
        (2) After the first trimester of pregnancy and before viability,for reasons based upon the professional, medical judgment ofthe pregnant woman's physician if:
            (A) all the circumstances and provisions required for legalabortion during the first trimester are present and adhered to;and
            (B) the abortion is performed in a hospital or ambulatoryoutpatient surgical center (as defined in IC 16-18-2-14).
        (3) Except as provided in subsection (b), after viability of thefetus for reasons based upon the professional, medical judgmentof the pregnant woman's physician if:
            (A) all the circumstances and provisions required for legalabortion before viability are present and adhered to;
            (B) the abortion is performed in compliance with section 3of this chapter; and
            (C) before the abortion the attending physician shall certifyin writing to the hospital in which the abortion is to beperformed, that in the attending physician's professional,medical judgment, after proper examination and review ofthe woman's history, the abortion is necessary to prevent asubstantial permanent impairment of the life or physicalhealth of the pregnant woman. All facts and reasonssupporting the certification shall be set forth by thephysician in writing and attached to the certificate.
    (b) A person may not knowingly or intentionally perform a partialbirth abortion unless a physician reasonably believes that:
        (1) performing the partial birth abortion is necessary to save themother's life; and
        (2) no other medical procedure is sufficient to save the mother'slife.
As added by P.L.2-1993, SEC.17. Amended by P.L.145-1997, SEC.2.
IC 16-34-2-1.1
Voluntary and informed consent required; viewing of fetalultrasound
    Sec. 1.1. (a) An abortion shall not be performed except with thevoluntary and informed consent of the pregnant woman upon whomthe abortion is to be performed. Except in the case of a medicalemergency, consent to an abortion is voluntary and informed only ifthe following conditions are met:
        (1) At least eighteen (18) hours before the abortion and in thepresence of the pregnant woman, the physician who is toperform the abortion, the referring physician or a physicianassistant (as defined in IC 25-27.5-2-10), an advanced practicenurse (as defined in IC 25-23-1-1(b)), or a midwife (as definedin IC 34-18-2-19) to whom the responsibility has been delegatedby the physician who is to perform the abortion or the referringphysician has orally informed the pregnant woman of thefollowing:
            (A) The name of the physician performing the abortion.
            (B) The nature of the proposed procedure or treatment.
            (C) The risks of and alternatives to the procedure ortreatment.
            (D) The probable gestational age of the fetus, including anoffer to provide:
                (i) a picture or drawing of a fetus;
                (ii) the dimensions of a fetus; and
                (iii) relevant information on the potential survival of anunborn fetus;
            at this stage of development.
            (E) The medical risks associated with carrying the fetus toterm.
            (F) The availability of fetal ultrasound imaging andauscultation of fetal heart tone services to enable thepregnant woman to view the image and hear the heartbeat ofthe fetus and how to obtain access to these services.
        (2) At least eighteen (18) hours before the abortion, thepregnant woman will be orally informed of the following:
            (A) That medical assistance benefits may be available forprenatal care, childbirth, and neonatal care from the countyoffice of the division of family resources.
            (B) That the father of the unborn fetus is legally required toassist in the support of the child. In the case of rape, theinformation required under this clause may be omitted.
            (C) That adoption alternatives are available and thatadoptive parents may legally pay the costs of prenatal care,childbirth, and neonatal care.
        (3) The pregnant woman certifies in writing, before the abortionis performed, that the information required by subdivisions (1)and (2) has been provided.
    (b) Before an abortion is performed, the pregnant woman may,upon the pregnant woman's request, view the fetal ultrasound

imaging and hear the auscultation of the fetal heart tone if the fetalheart tone is audible.
As added by P.L.187-1995, SEC.4. Amended by P.L.1-1998,SEC.118; P.L.36-2005, SEC.1; P.L.146-2008, SEC.444;P.L.44-2009, SEC.32.

IC 16-34-2-1.2
Physician's duty to inform women in medical emergency ofnecessity for abortion
    Sec. 1.2. When a medical emergency compels the performance ofan abortion, the physician who will perform the abortion shall informthe woman, before the abortion if possible, of the medical indicationssupporting the physician's judgment that an abortion is necessary toavert:
        (1) the woman's death; or
        (2) a substantial and irreversible impairment of a major bodilyfunction.
As added by P.L.187-1995, SEC.5.

IC 16-34-2-2
Responsibilities of attending physician
    Sec. 2. It shall be the responsibility of the attending physician todo the following:
        (1) Determine in accordance with accepted medical standardswhich trimester the pregnant woman receiving the abortion isin.
        (2) Determine whether the fetus is viable.
        (3) Certify that determination as part of any written reportsrequired of the attending physician by the state department orthe facility in which the abortion is performed.
As added by P.L.2-1993, SEC.17.

IC 16-34-2-3
Viable fetus; requirements; preservation of life and health of viableunborn child; certificates of birth and death; offense of failure topreserve life; ward status of child
    Sec. 3. (a) All abortions performed after a fetus is viable shall be:
        (1) governed by section 1(a)(3) and 1(b) of this chapter;
        (2) performed in a hospital having premature birth intensivecare units, unless compliance with this requirement would resultin an increased risk to the life or health of the mother; and
        (3) performed in the presence of a second physician as providedin subsection (b).
    (b) An abortion may be performed after a fetus is viable only ifthere is in attendance a physician, other than the physicianperforming the abortion, who shall take control of and provideimmediate care for a child born alive as a result of the abortion.During the performance of the abortion, the physician performing theabortion, and after the abortion, the physician required by thissubsection to be in attendance, shall take all reasonable steps in

keeping with good medical practice, consistent with the procedureused, to preserve the life and health of the viable unborn child.However, this subsection does not apply if compliance would resultin an increased risk to the life or health of the mother.
    (c) Any fetus born alive shall be treated as a person under the law,and a birth certificate shall be issued certifying the child's birth eventhough the child may subsequently die, in which event a deathcertificate shall be issued. Failure to take all reasonable steps, inkeeping with good medical practice, to preserve the life and healthof the live born person shall subject the responsible persons toIndiana laws governing homicide, manslaughter, and civil liabilityfor wrongful death and medical malpractice.
    (d) If, before the abortion, the mother, and if married, herhusband, has or have stated in writing that she does or they do notwish to keep the child in the event that the abortion results in a livebirth, and this writing is not retracted before the abortion, the child,if born alive, shall immediately upon birth become a ward of thedepartment of child services.
As added by P.L.2-1993, SEC.17. Amended by P.L.4-1993, SEC.243;P.L.5-1993, SEC.256; P.L.145-1997, SEC.3; P.L.146-2008,SEC.445.

IC 16-34-2-4
Written consent of parent or guardian of unemancipated pregnantwoman under 18 years of age; conditions of waiver; representationby attorney; appeal; confidential records; emergency abortions
    Sec. 4. (a) No physician shall perform an abortion on anunemancipated pregnant woman less than eighteen (18) years of agewithout first having obtained the written consent of one (1) of theparents or the legal guardian of the minor pregnant woman.
    (b) A minor:
        (1) who objects to having to obtain the written consent of herparent or legal guardian under this section; or
        (2) whose parent or legal guardian refuses to consent to anabortion;
may petition, on her own behalf or by next friend, the juvenile courtfor a waiver of the parental consent requirement under subsection(a).
    (c) A physician who feels that compliance with the parentalconsent requirement in subsection (a) would have an adverse effecton the welfare of the pregnant minor or on her pregnancy maypetition the juvenile court within twenty-four (24) hours of theabortion request for a waiver of the parental consent requirementunder subsection (a).
    (d) The juvenile court must rule on a petition filed by a pregnantminor under subsection (b) or by her physician under subsection (c)within forty-eight (48) hours of the filing of the petition. Beforeruling on the petition, the court shall consider the concerns expressedby the pregnant minor and her physician. The requirement of parentalconsent under this section shall be waived by the juvenile court if the

court finds that the minor is mature enough to make the abortiondecision independently or that an abortion would be in the minor'sbest interests.
    (e) Unless the juvenile court finds that the pregnant minor isalready represented by an attorney, the juvenile court shall appointan attorney to represent the pregnant minor in a waiver proceedingbrought by the minor under subsection (b) and on any appeals. Thecost of legal representation appointed for the minor under thissection shall be paid by the county.
    (f) A minor or her physician who desires to appeal an adversejudgment of the juvenile court in a waiver proceeding undersubsection (b) or (c) is entitled to an expedited appeal, under rules tobe adopted by the supreme court.
    (g) All records of the juvenile court and of the supreme court orthe court of appeals that are made as a result of proceedingsconducted under this section are confidential.
    (h) A minor who initiates legal proceedings under this section isexempt from the payment of filing fees.
    (i) This section shall not apply where there is an emergency needfor a medical procedure to be performed such that continuation of thepregnancy provides an immediate threat and grave risk to the life orhealth of the pregnant woman and the attending physician so certifiesin writing.
As added by P.L.2-1993, SEC.17.

IC 16-34-2-5
Forms to be completed by physician; offenses
    Sec. 5. (a) Every medical facility where abortions may beperformed shall be supplied with forms drafted by the statedepartment, the purpose and function of which shall be theimprovement of maternal health and life through the compilation ofrelevant maternal life and health factors and data, and a furtherpurpose and function shall be to monitor all abortions performed inIndiana to assure the abortions are done only under the authorizedprovisions of the law. Such forms shall include, among other things,the following:
        (1) The age of the woman who is aborted.
        (2) The place where the abortion is performed.
        (3) The full name and address of the physicians performing theabortion.
        (4) The name of the father if known.
        (5) If after viability, the medical reason for the abortion.
        (6) The medical procedure employed to administer the abortion.
        (7) The mother's obstetrical history, including dates of otherabortions, if any.
        (8) The results of pathological examinations if performed.
        (9) Information as to whether the fetus was delivered alive.
        (10) Records of all maternal deaths occurring within the healthfacility where the abortion was performed.
    (b) The form provided for in subsection (a) shall be completed by

the physician performing the abortion and shall be transmitted to thestate department not later than July 30 for each abortion performedin the first six (6) months of that year and not later than January 30for each abortion performed for the last six (6) months of thepreceding year. Each failure to file the form on time as required is aClass B misdemeanor.
As added by P.L.2-1993, SEC.17.

IC 16-34-2-6
Experiments performed on aborted fetus prohibited
    Sec. 6. No experiments except pathological examinations may beconducted on any fetus aborted under this chapter, nor may any fetusso aborted be transported out of Indiana for experimental purposes.A person who conducts such an experiment or so transports such afetus commits a Class A misdemeanor.
As added by P.L.2-1993, SEC.17.

IC 16-34-2-7
Performance of unlawful abortion; offense
    Sec. 7. (a) Except as provided in subsections (b) and (c), a personwho knowingly or intentionally performs an abortion not expresslyprovided for in this chapter commits a Class C felony.
    (b) A physician who performs an abortion intentionally orknowingly in violation of section 1(a)(1)(C) or 4 of this chaptercommits a Class A misdemeanor.
    (c) A person who knowingly or intentionally performs an abortionin violation of section 1.1 of this chapter commits a Class Ainfraction.
    (d) A woman upon whom a partial birth abortion is performedmay not be prosecuted for violating or conspiring to violate section1(b) of this chapter.
As added by P.L.2-1993, SEC.17. Amended by P.L.187-1995, SEC.6;P.L.145-1997, SEC.4.