The law provides exceptions to save the woman’s life, to prevent any serious risk to the woman’s health and for fatal fetal abnormalities, up to 20 weeks after fertilization. It also allows exceptions for certain abortions if the pregnancy was the result of rape or incest during the first 10 weeks after fertilization. Under the law, abortion clinics are no longer state-licensed facilities and cannot provide abortions. The law now requires that all abortions be performed in a licensed hospital or ambulatory outpatient surgery center that is majority owned by a licensed hospital. Abortion providers who violate the law are subject to a criminal penalty of up to six years in prison and a $10,000 fine.
Medical abortion is already prohibited in the state after eight weeks of post-fertilization age. Abortion providers and a nonprofit that operates a pregnancy resource center in the state filed a lawsuit last month seeking to block the ban’s implementation.
They argue that the law “would violate Hoosiers’ right to privacy, violate Indiana’s guarantee of equal privileges and immunities, and violate the Constitution’s due process clause through its unconstitutionally vague language.” “Bags who experience or are at risk of pregnancy complications that can seriously and permanently damage their health — but do not meet the limited exception for serious health risks set forth in SB 1 — will be forced to remain pregnant and suffer serious and potentially to life-long-term harm to their health,” they said in their complaint filed Aug. 31 in Monroe County District Court.
“Even patients whose pregnancies should qualify for SB 1’s narrow health or life exception may be unable to obtain an abortion because physicians will credibly fear prosecution for practicing their profession. medical judgment if government officials disagree with their assessment of the patient’s condition.” A hearing on the plaintiffs’ motion for a preliminary injunction is scheduled for Monday. The plaintiffs also asked the court to issue a temporary restraining order.