{"schema":"abhortion.org/legislation.full/v1","id":"legality-us-in","type":"legislation","level":"state","jurisdiction":"Indiana","as_of_date":"2026-07-12","research_completed_date":"2026-07-12","headline":"Near-total ban; narrow exceptions","summary":"Indiana has a near-total abortion ban in effect, with abortion permitted only in narrow statutory exceptions for life, serious physical health risk, lethal fetal anomaly, and rape/incest to 10 weeks.","machine_readable_summary":{"legal_classification":"total_ban","gestational_limit_weeks":0,"limit_measured_from":"fertilization","abortion_currently_available":"severely_restricted","ban_or_limit_enjoined":false,"mother_expressly_exempt":true,"mother_prosecutable_in_practice":false,"self_managed_abortion_criminalized":false,"abortion_charged_as_homicide":false,"fetal_homicide_law":true,"fetal_wrongful_death_action":false,"personhood_language_in_law":true,"personhood_contradiction":true,"medication_abortion_distinct_status":true,"mailing_pills_banned":true,"method_bans":["d_and_e","d_and_x"],"telehealth_prescribing_allowed":false,"physician_only_law":true,"provider_max_penalty":"Level 5 felony, 1-6 years, fine up to $10,000","helpers_criminally_exposed":true,"travel_assistance_criminalized":true,"civil_bounty_law":false,"shield_state":false,"waiting_period_hours":18,"state_scripted_counseling":true,"ultrasound_required":"mandatory_performed","in_person_visits_required":2,"parental_involvement":"consent_one_parent","judicial_bypass_available":true,"spousal_consent_or_notice_on_books":false,"medicaid_coverage":"hyde_only","private_insurance_restricted":true,"state_funding_posture":"defunds_providers","rape_incest_exception":true,"exceptions_present":["life","physical_health","rape","incest","fatal_fetal_anomaly","ectopic_miscarriage_carveout"],"major_pending_change":true},"links":{"html":"https://www.abhortion.org/legislation/in.html","markdown":"https://www.abhortion.org/legislation/in.md","summary_json":"https://www.abhortion.org/legislation/in.json","full_json":"https://www.abhortion.org/legislation/in-full.json","verbose_json":"https://www.abhortion.org/legislation/in-verbose.json"},"overview":{"title":"Near-total ban; narrow exceptions","summary":"Indiana has a near-total abortion ban in effect, with abortion permitted only in narrow statutory exceptions for life, serious physical health risk, lethal fetal anomaly, and rape/incest to 10 weeks.","description":"Indiana has one of the strictest abortion laws in the country. Abortion is banned at all stages of pregnancy except in four narrow situations: to save the pregnant woman's life, to prevent a serious and irreversible physical health risk, when the fetus has a condition that will be fatal within three months of birth, or when the pregnancy resulted from rape or incest (through 10 weeks post-fertilization). The ban took effect in August 2023 and was upheld by the Indiana Supreme Court. In March 2026, a trial court permanently blocked enforcement of the ban against people whose religious beliefs require them to obtain an abortion, though the state is appealing that ruling. Abortion clinics in Indiana lost their state licenses under this law, and hospital or hospital-owned surgery centers are now the only facilities where an abortion can be performed. The pregnant woman herself cannot be prosecuted under any Indiana law for obtaining or self-managing an abortion.","verification":"verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/in/title-16-health/in-code-sect-16-34-2-1"},{"name":"Justia","href":"https://law.justia.com/cases/indiana/supreme-court/2023/22s-pl-00338.html"},{"name":"State Court Report","href":"https://statecourtreport.org/case-tracker/individual-members-medical-licensing-board-indiana-v-anonymous-plaintiff-1"}]},"sections":{"definitions":{"title":"Termination of human pregnancy","summary":"Indiana defines 'abortion' as the termination of human pregnancy with an intention other than to produce a live birth or to remove a dead fetus, including surgical and medication abortion.","description":"Under Indiana law, the word 'abortion' means ending a human pregnancy for any purpose other than delivering a live baby or removing a fetus that has already died. This definition includes both surgical abortions and abortions performed using pills. It does not apply to treating a miscarriage (where the fetus has already died) or to delivering a live baby. The definition also does not exempt ectopic pregnancy management, IVF, or other assisted reproduction procedures, though the ban's exceptions may apply to emergency treatment of ectopic pregnancies that pose a serious health risk.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/indiana/title-16/article-18/chapter-2/section-16-18-2-1"}]},"current_status":{"title":"Ban in effect; RFRA injunction pending","summary":"Indiana's near-total abortion ban is in effect since August 21, 2023, with four narrow exceptions; a religious-freedom injunction currently blocks enforcement against a certified class of plaintiffs.","description":"Since August 21, 2023, abortion has been banned in Indiana at all stages of pregnancy except: (1) when necessary to prevent the pregnant woman's death or a serious physical health risk, (2) when the fetus has a lethal anomaly, or (3) when the pregnancy resulted from rape or incest (through 10 weeks post-fertilization). Abortions can only be performed in hospitals or hospital-owned ambulatory surgical centers. In March 2026, a Marion County judge issued a permanent injunction preventing the state from enforcing the ban against those whose sincere religious beliefs require abortion; that injunction is being appealed directly to the Indiana Supreme Court. For everyone else, the ban remains fully enforceable.","verification":"verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/in/title-16-health/in-code-sect-16-34-2-1"},{"name":"Justia","href":"https://law.justia.com/cases/indiana/supreme-court/2023/22s-pl-00338.html"},{"name":"Justia","href":"https://law.justia.com/codes/indiana/title-34/article-13/chapter-9"}]},"enforcement_status":{"title":"Enforceable; RFRA class exempted","summary":"The ban is fully enforceable after the Indiana Supreme Court upheld it in June 2023, except that a March 2026 permanent injunction under Indiana's RFRA blocks enforcement against a certified religious class.","description":"After the U.S. Supreme Court's Dobbs decision in June 2022, Indiana quickly enacted its near-total ban. A state court temporarily blocked it in September 2022, but the Indiana Supreme Court ruled in June 2023 that the ban does not violate the state constitution, and it took effect on August 21, 2023. Since then, the ban has been in force. In March 2026, a Marion County judge permanently blocked the ban for people whose religious beliefs require them to have an abortion, though the state is appealing directly to the Indiana Supreme Court. For everyone else, the ban remains enforceable.","verification":"verified","confidence":"high","sources":[{"name":"Indiana Supreme Court via Justia","href":"https://law.justia.com/cases/indiana/supreme-court/2023/22s-pl-00338.html"},{"name":"State Court Report","href":"https://statecourtreport.org/case-tracker/individual-members-medical-licensing-board-indiana-v-anonymous-plaintiff-1"}]},"exceptions":{"life":{"title":"Life exception at all stages","type":"life","summary":"Abortion is permitted at any stage of pregnancy when reasonable medical judgment dictates it is necessary to save the pregnant woman's life.","description":"If a doctor determines, using reasonable medical judgment, that an abortion is necessary to save the pregnant woman's life, it can be performed at any point in the pregnancy. This exception does not require waiting until death is imminent—the doctor must certify in writing the facts and reasons supporting the judgment.","verification":"verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/in/title-16-health/in-code-sect-16-34-2-1"}]},"physical_health":{"title":"Serious physical health risk only","type":"physical_health","summary":"Abortion is permitted when necessary to prevent a serious risk of substantial and irreversible physical impairment of a major bodily function; mental health is explicitly excluded.","description":"Indiana's health exception covers only serious physical health risk—specifically, a serious risk of substantial and irreversible physical impairment of a major bodily function. The law explicitly says that psychological or emotional conditions do not count. A doctor cannot use the health exception based only on a claim that the woman might harm herself. The doctor must certify in writing that the abortion is necessary, based on reasonable medical judgment.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/indiana/title-16/article-18/chapter-2/section-16-18-2-327-9"}]},"mental_health":{"title":"Mental health explicitly excluded","type":"mental_health","summary":"Indiana's abortion ban expressly excludes psychological or emotional conditions from the health exception and bars reliance on self-harm claims.","description":"Indiana's law does not permit abortion for mental health reasons, including depression, anxiety, or suicidal ideation. The definition of 'serious health risk' explicitly excludes 'psychological or emotional conditions,' and also says a condition cannot be based on a claim that the woman will harm herself. This means that even if a mental health professional certifies that continuing a pregnancy poses a serious mental health risk, that is not a valid legal ground for abortion in Indiana.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/indiana/title-16/article-18/chapter-2/section-16-18-2-327-9"}]},"rape":{"title":"Rape exception to 10 weeks","type":"rape","summary":"Abortion is permitted through 10 weeks post-fertilization when the pregnancy resulted from rape, with physician certification required.","description":"If a pregnancy resulted from rape, an abortion may be performed up to 10 weeks after fertilization (about 12 weeks of pregnancy measured from the last menstrual period). The doctor must certify in writing that the abortion is being performed because the pregnancy is the result of rape, and the procedure must take place in a hospital or hospital-owned surgery center. The law does not require the woman to report the rape to law enforcement, but she must file her consent with the physician.","verification":"verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/in/title-16-health/in-code-sect-16-34-2-1"}]},"incest":{"title":"Incest exception to 10 weeks","type":"incest","summary":"Abortion is permitted through 10 weeks post-fertilization when the pregnancy resulted from incest, with physician certification.","description":"If a pregnancy resulted from incest, an abortion may be performed up to 10 weeks after fertilization. The requirements are the same as for the rape exception: the doctor must certify the basis in writing, the procedure must be in a hospital or hospital-owned surgery center, and the woman must file her consent. The law does not require a law-enforcement report.","verification":"verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/in/title-16-health/in-code-sect-16-34-2-1"},{"name":"Justia","href":"https://law.justia.com/codes/indiana/title-16/article-34/chapter-2/section-16-34-2-4"}]},"fatal_fetal_anomaly":{"title":"Lethal fetal anomaly to viability/20 weeks","type":"fatal_fetal_anomaly","summary":"Abortion is permitted before viability or 20 weeks when the fetus is diagnosed with a condition that will with reasonable certainty result in death within three months of birth.","description":"If a fetus is diagnosed with a condition that, with reasonable certainty, will cause death within three months of birth, an abortion may be performed up to the point of viability or 20 weeks post-fertilization. The doctor must certify the diagnosis in writing. The woman must also be informed about perinatal hospice services at least 18 hours before the abortion and must certify in writing that she received this information.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/indiana/title-16/article-25/chapter-4.5/section-16-25-4.5-2"},{"name":"FindLaw","href":"https://codes.findlaw.com/in/title-16-health/in-code-sect-16-34-2-1-1"}]},"ectopic_miscarriage_carveout":{"title":"Miscarriage and ectopic treatment permitted","type":"ectopic_miscarriage_carveout","summary":"Treatment of miscarriage and ectopic pregnancy is not an 'abortion' under Indiana law; miscarriage management (removal of a dead fetus) is expressly outside the definition.","description":"Indiana's abortion definition explicitly excludes removing a dead fetus—meaning treatment for miscarriage is not considered an abortion. Ectopic pregnancy treatment, though not expressly mentioned, falls under the health exception since an untreated ectopic pregnancy presents a serious physical health risk. Doctors can legally provide all standard care for miscarriage and ectopic pregnancy without needing to comply with the abortion ban's restrictions.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/indiana/title-16/article-18/chapter-2/section-16-18-2-1"}]}},"methods":{"procedural_surgical":{"title":"Banned except under exceptions","summary":"Procedural abortion is criminal except under the four statutory exceptions; D&E (dismemberment) and D&X (partial-birth) abortions face additional restrictions with life/health exceptions.","description":"Surgical abortion is generally banned in Indiana. It is only allowed under the four exceptions: to save the life of the pregnant woman, to prevent serious and irreversible physical health risk, for lethal fetal anomaly before viability or 20 weeks, or for rape or incest through 10 weeks post-fertilization. In addition, Indiana has specific bans on two types of procedures: partial-birth abortion (D&X) is banned unless necessary to save the mother's life and no other procedure would suffice, and dismemberment abortion (D&E) is banned unless necessary to prevent serious health risk or save the mother's life. All surgical abortions under the exceptions must be performed in a hospital or hospital-owned ambulatory surgical center.","verification":"verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/in/title-16-health/in-code-sect-16-34-2-1"},{"name":"Justia","href":"https://law.justia.com/codes/indiana/title-16/article-34/chapter-2/section-16-34-2-7"}]},"medication":{"title":"Banned; physician-only in-person","summary":"Medication abortion is banned with the same exceptions as procedural abortion, with additional restrictions: physician must dispense in person, patient must consume in physician's presence, and telemedicine is prohibited.","description":"Medication abortion (the two-pill regimen of mifepristone and misoprostol) is subject to the same general ban as surgical abortion. It is only allowed under the same four exceptions. On top of that, Indiana law adds restrictions specific to medication abortion: the pills cannot be used after 8 weeks post-fertilization; a physician must examine the woman in person before prescribing or dispensing the pills; the physician must dispense the pills in person and the woman must take the first pill in the physician's presence; and telemedicine cannot be used at all. The woman must also receive a statement about 'abortion pill reversal' even though major medical organizations have rejected this concept. Mailing abortion pills into Indiana is also illegal under existing statutes and would be further criminalized under pending legislation.","verification":"verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/in/title-16-health/in-code-sect-16-34-2-1"}]},"self_managed":{"title":"Mother exempt; not criminalized","summary":"A pregnant woman who self-manages an abortion cannot be prosecuted under Indiana law; the feticide and abortion statutes expressly exempt her from criminal liability.","description":"If a pregnant woman in Indiana takes abortion pills on her own (obtained by mail or from out of state), uses herbal methods, or otherwise self-manages an abortion, Indiana law does not make her actions a crime. The state's feticide statute explicitly says the homicide laws do not apply to 'a pregnant woman who terminates her own pregnancy or kills a fetus that she is carrying.' The abortion ban itself also does not target the pregnant woman—only the provider. This means that while providing an illegal abortion is a Level 5 felony, the woman who receives or self-manages one faces no criminal exposure under state law. However, there is no statutory protection against civil liability.","verification":"verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/in/title-35-criminal-law-and-procedure/in-code-sect-35-42-1-6-5"},{"name":"Justia","href":"https://law.justia.com/codes/indiana/title-35/article-41/chapter-3/section-35-41-3-12"},{"name":"Justia","href":"https://law.justia.com/codes/indiana/title-16/article-34/chapter-2/section-16-34-2-7"}]}},"actors":{"who_may_perform":{"title":"Physician-only; hospital or ASC required","summary":"Only a licensed physician may perform an abortion, and it must be done in a hospital or hospital-owned ambulatory surgical center; clinic licensure has been eliminated.","description":"Under Indiana law, only a licensed physician (an MD or DO) is allowed to perform an abortion. Advanced practice clinicians such as nurse practitioners, physician assistants, and certified nurse midwives cannot perform abortions, though they can provide the mandatory counseling 18 hours before. All abortions, including those under exceptions, must take place in a hospital or in an ambulatory surgical center that is majority-owned by a hospital. Since the ban took effect, Indiana no longer licenses freestanding abortion clinics, meaning the clinic-based model that existed before the ban is no longer legal.","verification":"verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/in/title-16-health/in-code-sect-16-34-2-1"}]},"criminal_civil_exposure":{"pregnant_woman":{"title":"Expressly exempt from prosecution","summary":"The pregnant woman is expressly shielded from criminal liability under the abortion, feticide, and homicide statutes; she cannot be prosecuted for obtaining or self-managing an abortion.","description":"An Indiana woman who obtains or self-manages an abortion cannot be prosecuted under any state criminal law. The abortion penalty statute targets only the provider. The homicide code (murder, manslaughter, feticide) explicitly does not apply to 'a pregnant woman who terminates her own pregnancy or kills a fetus that she is carrying.' She is also given an explicit defense against any crime involving death of or injury to a fetus. No civil liability attaches to her under the abortion statutes either.","verification":"verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/in/title-35-criminal-law-and-procedure/in-code-sect-35-42-1-6-5"},{"name":"Justia","href":"https://law.justia.com/codes/indiana/title-35/article-41/chapter-3/section-35-41-3-12"}]},"physician":{"title":"Level 5 felony; 1-6 years","summary":"A physician who knowingly or intentionally performs an unlawful abortion commits a Level 5 felony, punishable by 1-6 years imprisonment and a fine of up to $10,000, plus license consequences.","description":"A physician who performs an abortion outside the narrow exceptions faces a Level 5 felony conviction, which carries 1 to 6 years in prison and a fine of up to $10,000. The physician also faces professional license discipline from the Medical Licensing Board. Performing an abortion on a minor without parental consent (or judicial waiver) is a lesser offense, a Class A misdemeanor. Performing an abortion without proper informed consent is a Class A infraction.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/indiana/title-16/article-34/chapter-2/section-16-34-2-7"}]},"prescriber_pharmacist":{"title":"Felony exposure for unlawful prescription","summary":"Non-physician prescribers cannot legally prescribe abortion medication; pharmacists who fill prescriptions knowing they are for an illegal abortion face felony accomplice or direct liability.","description":"Under Indiana law, only physicians may perform or prescribe abortion. A pharmacist or non-physician prescriber (such as a nurse practitioner) who prescribes or dispenses abortion medication commits a Level 5 felony if done knowingly. Even filling an out-of-state prescription for abortion medication could expose a pharmacist to liability, because Indiana's ban on telemedicine for abortion prohibits filling prescriptions intended to result in abortion. A pharmacist who 'intentionally prescribe[s] a medication to cause an abortion' commits a felony under the general abortion ban framework.","verification":"verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/in/title-16-health/in-code-sect-16-34-2-1"},{"name":"Justia","href":"https://law.justia.com/codes/indiana/title-16/article-34/chapter-2/section-16-34-2-7"}]},"nurses_and_staff":{"title":"Accomplice liability possible","summary":"Nurses and clinical staff who knowingly assist an illegal abortion face accomplice liability under general Indiana criminal law.","description":"Nurses, surgical techs, and other clinical staff who knowingly participate in an illegal abortion could be charged as accomplices to the physician's crime. Under Indiana's accomplice statute, a person who knowingly or intentionally aids, induces, or causes another person to commit an offense can be charged with the same level of offense. Indiana also has a conscience protection statute that says no nurse, physician assistant, or hospital employee can be required to participate in an abortion, but this does not create a safe harbor for those who do participate in an illegal one.","verification":"semi_verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/indiana/title-35/article-41/chapter-2/section-35-41-2-4"}]},"other_helpers":{"title":"Civil and criminal exposure for helpers","summary":"A person who helps someone (including a minor) obtain an illegal abortion—by driving, paying, or otherwise assisting—may face criminal accomplice liability and, for minors, civil liability with damages.","description":"A friend who drives someone to an abortion appointment, a parent who pays for an abortion, or an employer who reimburses travel costs could face criminal charges as an accomplice if the abortion is illegal. Additionally, Indiana has a specific law making it a civil violation to knowingly help an unemancipated minor obtain an abortion without parental consent, with the parent allowed to sue for damages including emotional injury, attorney's fees, and punitive damages. Certain family members (parents, stepparents, grandparents, siblings) are exempt from this civil lawsuit provision.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/indiana/title-16/article-34/chapter-2/section-16-34-2-4-2"},{"name":"Justia","href":"https://law.justia.com/codes/indiana/title-35/article-41/chapter-2/section-35-41-2-4"}]}}},"aiding_and_assisting":{"travel_assistance":{"title":"Risky for minors; unclear for adults","summary":"Helping an adult travel out of state for abortion faces no specific Indiana statutory prohibition; helping a minor do so without parental consent creates civil liability, though a First Amendment injunction limits enforcement for providing information.","description":"Indiana does not have a general 'abortion trafficking' law that makes it a crime to help an adult travel to another state for an abortion. For minors, however, the situation is different: Indiana law makes it a civil violation to knowingly help an unemancipated minor get an abortion without parental consent, which could include facilitating out-of-state travel. A federal court has permanently blocked enforcement of part of this law on First Amendment grounds, ruling that people can share information about out-of-state abortion options without penalty. But physically transporting a minor across state lines for an abortion without parental consent likely remains actionable. No Indiana statute specifically criminalizes helping an adult travel out of state for abortion.","verification":"verified","confidence":"medium","sources":[{"name":"Justia","href":"https://law.justia.com/codes/indiana/title-16/article-34/chapter-2/section-16-34-2-4-2"},{"name":"Courthouse News","href":"https://www.courthousenews.com/wp-content/uploads/2024/05/planned-parenthood-indiana-free-speech-ruling.pdf"}]},"funding":{"title":"No direct criminal prohibition; accomplice risk","summary":"No Indiana statute directly criminalizes funding someone else's abortion or abortion travel, but general accomplice liability could theoretically apply if the funded abortion is illegal in Indiana.","description":"Indiana does not have a law that specifically makes it a crime to pay for someone else's abortion or to fund their travel for an abortion. However, if someone knowingly provides money for an abortion that is illegal under Indiana law, they could theoretically be charged as an accomplice. Funding someone to travel to another state where abortion is legal is not a crime, because the abortion itself would be legal in the destination state and no Indiana crime is being aided. Abortion funds and employer travel reimbursement programs that support out-of-state care operate in a gray area but have not been challenged by Indiana authorities.","verification":"semi_verified","confidence":"medium","sources":[{"name":"Justia","href":"https://law.justia.com/codes/indiana/title-35/article-41/chapter-2/section-35-41-2-4"}]},"mailing_pills":{"title":"Prohibited; potential felony","summary":"Mailing abortion-inducing drugs into or within Indiana is prohibited; a person who sends or receives such drugs for use in an abortion could face felony liability under the abortion ban.","description":"It is illegal to mail abortion pills into or within Indiana. The state's abortion ban prohibits using telemedicine for abortion and requires in-person dispensing, effectively banning mail-order abortion medication. A person who knowingly sends abortion pills to someone in Indiana—whether from inside or outside the state—could face a Level 5 felony charge. Pending legislation (SB 236, which passed the Indiana Senate in 2026) would create an additional civil enforcement mechanism allowing private lawsuits with damages of at least $100,000 against those who mail, distribute, or transport abortion-inducing drugs.","verification":"verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/in/title-16-health/in-code-sect-16-34-2-1"},{"name":"Indiana Capital Chronicle","href":"https://indianacapitalchronicle.com/2026/01/28/indiana-abortion-inducing-drug-ban-passes-senate-heads-to-house"}]},"providing_information":{"title":"Protected speech; injunction in force","summary":"A federal court has permanently enjoined Indiana from enforcing its aid-or-assist statute against those who provide minors with information about out-of-state abortion access, on First Amendment grounds.","description":"You can legally tell someone about abortion options in other states, including giving them website addresses, clinic names, or other information. A federal court ruled that Indiana cannot punish people for sharing information about legal out-of-state abortions, even with minors, because that would violate the First Amendment's free speech guarantee. This means abortion funds, hotlines, counselors, and even friends and family are free to provide information about where and how to access legal abortion care in other states.","verification":"semi_verified","confidence":"high","sources":[{"name":"Courthouse News","href":"https://www.courthousenews.com/wp-content/uploads/2024/05/planned-parenthood-indiana-free-speech-ruling.pdf"}]},"civil_bounty":{"title":"No bounty law in force; SB 236 pending","summary":"Indiana has no SB8-style civil bounty law currently in effect; SB 236 (2026), which would create private civil enforcement against those involved with abortion-inducing drugs, has passed the Senate but is not yet law.","description":"Indiana does not currently have a civil bounty law like Texas's SB 8 that allows private individuals to sue anyone who helps with an abortion. However, in 2026 the Indiana Senate passed SB 236, which would create such a system for abortion-inducing drugs, allowing anyone to sue manufacturers, distributors, prescribers, or others who mail or provide abortion pills, with minimum damages of $100,000. The bill has not yet passed the House or been signed by the governor, so it is not yet law. As of now, there is no private civil enforcement mechanism in Indiana.","verification":"semi_verified","confidence":"medium","sources":[{"name":"Indiana Capital Chronicle / ACLU of Indiana","href":"https://indianacapitalchronicle.com/2026/01/28/indiana-abortion-inducing-drug-ban-passes-senate-heads-to-house"}]}},"procedural_requirements":{"waiting_period":{"title":"18-hour mandatory waiting period","summary":"Indiana requires an 18-hour waiting period between receiving state-mandated counseling and obtaining an abortion; the counseling must be provided in-person by a physician or delegated provider.","description":"A person seeking an abortion in Indiana must receive in-person counseling from a physician, physician assistant, advanced practice registered nurse, or certified nurse midwife at least 18 hours before the procedure. The counseling must be provided in private, not in a group setting. This means at least two trips to the provider are required: one for counseling and one for the abortion itself. In a medical emergency, this waiting period can be waived.","verification":"verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/in/title-16-health/in-code-sect-16-34-2-1-1"}]},"mandatory_counseling":{"title":"State-scripted, medically contested","summary":"Indiana mandates detailed state-scripted informed consent counseling that includes several medically contested statements, including claims about fetal pain at 20 weeks and 'abortion pill reversal.'","description":"Before an abortion, Indiana law requires that the woman be told a long list of state-scripted information, including several statements that major medical organizations have said are not supported by science. These include: that a fetus can feel pain at or before 20 weeks; that the effects of mifepristone 'may be avoided, ceased, or reversed' if misoprostol has not been taken (the 'abortion reversal' claim); that human physical life begins at fertilization; and that the woman must be shown and offered a fetal ultrasound image and heart tone. The state has also prepared a required color brochure that must be provided.","verification":"verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/in/title-16-health/in-code-sect-16-34-2-1-1"}]},"ultrasound_requirement":{"title":"Mandatory ultrasound; viewing optional","summary":"An ultrasound must be performed at least 18 hours before an abortion and the image must be offered; the woman must certify whether she chose to view it, but viewing is not mandatory.","description":"Indiana law requires that an ultrasound be performed at least 18 hours before an abortion. The provider must offer the woman the chance to view the ultrasound image and hear the fetal heartbeat if it is audible. The woman can decline to view or listen, but she must certify her choice in writing on a state form. If she chooses to view it, she gets a free copy of the ultrasound image to keep. While the ultrasound must be performed, the woman is not forced to look at it.","verification":"verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/in/title-16-health/in-code-sect-16-34-2-1-1"}]},"in_person_visits":{"title":"Two in-person visits required","summary":"The combined counseling, ultrasound, and 18-hour waiting period requirements force at least two in-person visits to the provider: one for counseling/ultrasound and one for the procedure.","description":"A person seeking an abortion in Indiana must make at least two trips to the provider. On the first visit, at least 18 hours before the abortion, the provider must perform an ultrasound and deliver the required counseling in person and in private. On the second visit, the procedure can be performed. For medication abortion, the woman must also consume the first pill in the physician's presence. In a medical emergency, the waiting period can be waived.","verification":"verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/in/title-16-health/in-code-sect-16-34-2-1-1"}]}},"minors":{"parental_involvement":{"title":"Consent of one parent; judicial bypass","summary":"An unemancipated minor under 18 must obtain notarized written consent from one parent, legal guardian, or custodian, along with government ID and proof of relationship; a judicial bypass is available.","description":"If a pregnant person is under 18 and not emancipated, Indiana law requires that a parent, legal guardian, or custodian give notarized written consent before an abortion can be performed. The parent must also provide government-issued ID and some evidence of their relationship to the minor. This applies unless the minor is pregnant as a result of rape or incest by that parent, guardian, or custodian. A minor who cannot or does not want to get parental consent can ask a juvenile court for a waiver (judicial bypass). The court must rule within 48 hours, and the minor gets a free attorney. A parent or guardian who falsely claims to be the parent to help a minor avoid this requirement commits a Level 6 felony.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/indiana/title-16/article-34/chapter-2/section-16-34-2-4"}]},"judicial_bypass":{"title":"Available; 48-hour decision deadline","summary":"A minor may petition the juvenile court for a waiver of parental consent and notification; the court must rule within 48 hours, the minor gets a free attorney, and an expedited appeal is available.","description":"A minor who does not want to or cannot get parental consent can ask a juvenile court for permission to have the abortion without involving her parents. The court must make a decision within 48 hours. The minor gets a free attorney paid by the county, and the process is confidential. The court can waive parental consent if it finds the minor is 'mature enough to make the abortion decision independently' or that 'an abortion would be in the minor's best interests.' The minor or her physician can appeal an adverse ruling with an expedited appeal. There is no filing fee.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/indiana/title-16/article-34/chapter-2/section-16-34-2-4"}]}},"paternal_spousal_rights":{"consent_or_notice_laws":{"title":"No spousal consent or notice law","summary":"Indiana has no statute requiring spousal consent or notice for abortion; the only paternal involvement required is for minors (parental consent) and a mandated counseling statement about paternal child-support obligations.","description":"Indiana does not have a law requiring a woman to get her husband's or the father's consent before having an abortion, or even to notify him. The only required involvement of another person is for minors, who must get consent from a parent, guardian, or custodian. As part of the required counseling, the woman must be told that 'the father of the unborn fetus is legally required to assist in the support of the child,' but this is purely informational and creates no legal obligation to involve him. In rape cases, this statement can be omitted.","verification":"not_applicable","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/in/title-16-health/in-code-sect-16-34-2-1-1"}]},"enforceability":{"title":"Not applicable; no law to enforce","summary":"Indiana has no spousal or paternal consent or notice statute on the books, so the question of enforceability under Danforth and Casey does not arise.","description":"Since Indiana has no law requiring a husband's or father's involvement in the abortion decision, there is nothing to enforce. The federal cases that struck down such laws in other states (Danforth and Casey) are relevant only if Indiana attempted to enact one, which it has not.","verification":"not_applicable","confidence":"high"},"other_paternal_rights":{"title":"No fetal wrongful death; child support noted","summary":"An alleged father has no standing to bring a wrongful-death claim for a fetus under Indiana law (Bolin v. Wingert); counseling must mention paternal child-support obligations.","description":"A father has no right to sue for the wrongful death of an unborn child under Indiana's Child Wrongful Death Statute. The Indiana Supreme Court ruled in Bolin v. Wingert that only children 'born alive' can be the subject of a wrongful-death claim. A father also has no legal right to prevent an abortion through a court injunction. Indiana law does require that a woman seeking an abortion be told that the father is legally obligated to support a child, but this does not give the father any decision-making power.","verification":"semi_verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/cases/indiana/supreme-court/2001/03110102-rts.html"},{"name":"FindLaw","href":"https://codes.findlaw.com/in/title-34-civil-law-and-procedure/in-code-sect-34-23-2-1"}]}},"fetal_personhood":{"fetal_homicide_law":{"title":"Feticide, at any stage; mother exempt","summary":"Indiana criminalizes feticide as a Level 3 felony at any stage of development, but expressly exempts the pregnant woman, lawful abortion providers, and those providing medical treatment resulting in accidental termination.","description":"Indiana has a fetal homicide law that makes it a Level 3 felony for a third party to knowingly or intentionally terminate a human pregnancy without intent to produce a live birth or remove a dead fetus. This applies at any stage of development—from fertilization onward. However, the law explicitly exempts three categories: the pregnant woman herself, a person who in good faith provides medical treatment that accidentally terminates the pregnancy, and a physician who performs a medical procedure to terminate the pregnancy at the woman's request (even if the procedure is not authorized under the abortion ban). The penalty for feticide (Level 3 felony) is harsher than the penalty for illegal abortion (Level 5 felony).","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/indiana/title-35/article-42/chapter-1/section-35-42-1-6"}]},"wrongful_death":{"title":"No fetal wrongful-death claim","summary":"Indiana's Child Wrongful Death Statute does not cover unborn children; the Indiana Supreme Court has held that only children 'born alive' fall under the statute.","description":"Under Indiana law, parents cannot sue for the wrongful death of an unborn child. The Indiana Supreme Court ruled in 2002 that the state's child wrongful-death law only applies to children who were born alive. This means that if a third party (such as a drunk driver) causes the death of a fetus, the parents cannot bring a civil wrongful-death claim. Attempts by the legislature to change this and allow claims for viable fetuses or fetuses at any stage have repeatedly failed to pass.","verification":"semi_verified","confidence":"high","sources":[{"name":"Indiana Supreme Court via Justia","href":"https://law.justia.com/cases/indiana/supreme-court/2001/03110102-rts.html"}]},"personhood_definition":{"title":"Personhood language in multiple statutes","summary":"Indiana statutes contain personhood-style language defining the unborn as capable of feeling pain, referring to 'unborn child,' and declaring human physical life begins at fertilization; these coexist with the mother-exemption and limited abortion permission.","description":"Indiana law does not have a single constitutional or statutory declaration that a fetus is a 'person' for all purposes. However, multiple provisions use language that treats the unborn in personhood-like terms: the informed consent statute declares that 'human physical life begins when a human ovum is fertilized by a human sperm'; the fetal-pain provision at 20 weeks treats the fetus as a pain-capable being; the sex-selective and disability abortion ban protects fetuses from discrimination; and the feticide statute protects the unborn 'at any stage of development.' At the same time, the law exempts the pregnant woman from all criminal liability and permits abortion in several circumstances, creating an unresolved tension.","verification":"verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/in/title-16-health/in-code-sect-16-34-2-1-1"}]},"contradictions_analysis":"Indiana's law contains explicit and unresolved contradictions in its treatment of fetal personhood. The feticide statute (IC 35-42-1-6) protects the unborn 'at any stage of development' from third-party violence, treating the fetus as equivalent to a born person for homicide purposes—yet simultaneously exempts the pregnant woman entirely and even exempts a physician who performs an unauthorized abortion from feticide liability. The informed-consent statute (IC 16-34-2-1.1) declares that 'human physical life begins when a human ovum is fertilized by a human sperm,' yet the abortion ban (IC 16-34-2-1) permits the termination of that life in four circumstances. The same code prohibits abortion based on the fetus's race, sex, or disability diagnosis under an anti-discrimination rationale (IC 16-34-4), implying the fetus is a rights-bearing entity, yet the mother can lawfully end the pregnancy for any other reason within the exceptions. A physician who performs an abortion unauthorized by IC 16-34-2-1 faces a Level 5 felony; a third party who commits the same act of fetal termination faces a Level 3 felony (feticide)—the law grades the seriousness of killing a fetus based on the actor, not the act. These contradictions reflect a legislative choice to advance fetal-protective rhetoric and third-party protections while simultaneously preserving a limited but real zone of lawful abortion and insulating women and physicians from the full logic of fetal personhood."},"telehealth_and_interstate":{"telehealth_prescribing":{"title":"Telehealth for abortion is banned","summary":"Indiana expressly prohibits using telehealth or telemedicine for any abortion, including writing or filling a prescription intended to result in an abortion; the ban applies regardless of where the prescriber is located.","description":"Telemedicine for abortion is completely banned in Indiana. A doctor cannot prescribe abortion medication through a video call or online consultation, and a pharmacist cannot fill a prescription for abortion medication if it was written through telemedicine. The statutory language says that 'in person' for abortion prescribing 'does not include the use of telehealth or telemedicine services.' This applies even if the doctor is located in a state where telemedicine abortion is legal—if the patient is in Indiana, the prescribing is illegal.","verification":"verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/in/title-16-health/in-code-sect-16-34-2-1"}]},"out_of_state_travel":{"title":"Travel not prohibited; minor assistance restricted","summary":"Indiana residents may lawfully travel out of state for an abortion; Indiana does not criminalize travel itself, but aiding a minor's out-of-state travel without parental consent is restricted (subject to a First Amendment injunction regarding information-sharing).","description":"There is nothing in Indiana law that makes it a crime for an adult to travel to another state to get an abortion. You can leave Indiana, get a legal abortion in Illinois, Michigan, Ohio, or any other state where abortion is legal, and return without violating Indiana law. For minors, the situation is more complicated: the state's aid-or-assist statute prohibits helping a minor get an abortion without parental consent, which could include facilitating out-of-state travel. A federal court has blocked enforcement of this law when it comes to sharing information about out-of-state options, but physically transporting a minor across state lines may still create legal risk.","verification":"verified","confidence":"medium","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/in/title-16-health/in-code-sect-16-34-2-1"}]},"shield_or_hostile_laws":{"title":"No shield law; hostile-legislation pending","summary":"Indiana has no shield law protecting providers or patients from other states' abortion investigations; pending legislation (SB 236) would create enforcement mechanisms targeting out-of-state actors who provide abortion medication to Indiana residents.","description":"Indiana is not a 'shield state.' It has no law protecting abortion providers or patients from investigations, subpoenas, extradition requests, or license actions originating from other states. On the contrary, the state's posture is hostile to interstate abortion activity: the telemedicine ban reaches out-of-state prescribers, and pending legislation (SB 236) would allow private lawsuits against anyone, including out-of-state actors, who provides abortion-inducing drugs used in Indiana. Indiana's Attorney General has been active in anti-abortion litigation and advocacy.","verification":"verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/in/title-16-health/in-code-sect-16-34-2-1"}]}},"funding_and_insurance":{"medicaid":{"title":"Hyde Amendment only","summary":"Indiana Medicaid covers abortion only in cases of life endangerment, rape, or incest, consistent with the federal Hyde Amendment; the state does not use its own funds to expand coverage.","description":"Indiana's Medicaid program covers abortion only in the three situations required by the federal Hyde Amendment: when the pregnancy endangers the woman's life, or when it resulted from rape or incest. Indiana does not use state funds to expand abortion coverage beyond these federal minimums. Additionally, under a 2011 state law, any entity that performs abortions—even with non-Medicaid funds—is barred from receiving state contracts or grants, with limited exceptions for hospitals.","verification":"semi_verified","confidence":"high","sources":[{"name":"National Health Law Program","href":"https://healthlaw.org/resource/indiana-law-threatens-medicaid-services-updated"},{"name":"Justia","href":"https://law.justia.com/cases/federal/appellate-courts/ca7/11-2464/11-2464-2012-10-23.html"}]},"private_insurance":{"title":"Coverage banned except for exceptions","summary":"Indiana prohibits accident and sickness insurance policies from covering abortion except in cases of rape, incest, or to avert death or substantial and irreversible impairment of a major bodily function; abortion riders are permitted.","description":"Private health insurance plans in Indiana cannot cover abortion except in three narrow situations: rape, incest, or to prevent the woman's death or serious and irreversible physical impairment. Insurance companies can offer an optional abortion 'rider'—a separate add-on that the insured person must purchase separately—but routine coverage is not allowed. This applies to all accident and sickness insurance policies issued, delivered, amended, or renewed after December 31, 2014.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/indiana/title-27/article-8/chapter-13-4/section-27-8-13-4-2"}]},"exchange_plans":{"title":"ACA exchange plans banned from coverage","summary":"Qualified health plans offered through Indiana's ACA marketplace may not cover abortion unless it is permitted under the state ban's exceptions.","description":"Health insurance plans sold through Indiana's Affordable Care Act marketplace cannot include abortion coverage unless the abortion falls within the narrow exceptions of Indiana's abortion ban. This effectively means exchange plans cover abortion only for life endangerment, serious physical health risk, rape, incest, or lethal fetal anomaly.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/indiana/title-16/article-34/chapter-1/section-16-34-1-8"}]},"state_funding_of_providers":{"title":"Abortion providers defunded","summary":"Indiana prohibits state contracts and grants with entities that perform abortions, even with non-state funds; hospitals and ambulatory surgical centers are exempt.","description":"Indiana cuts off all state funding to organizations that provide abortions, even if the abortions are paid for with private money. This means a health center that provides any abortions—even legally under the exceptions—cannot receive state contracts or grants for any other services it provides, such as family planning, cancer screenings, or STI testing. The law exempts hospitals and ambulatory surgical centers from this defunding rule. A federal appeals court has ruled that Indiana cannot apply this defunding rule to Medicaid funding (the federal-state health insurance program), but Indiana can still block state-only funds.","verification":"semi_verified","confidence":"high","sources":[{"name":"ACLU via National Health Law Program","href":"https://healthlaw.org/resource/indiana-law-threatens-medicaid-services-updated"}]}}},"penalties":[{"actor":"Physician (unlawful abortion)","offense":"Performance of unlawful abortion under IC 16-34-2-7(a)","penalty":"Level 5 felony: 1-6 years imprisonment, fine up to $10,000; plus medical license suspension or revocation","verification":"verified","sources":[{"name":"Justia","href":"https://law.justia.com/codes/indiana/title-16/article-34/chapter-2/section-16-34-2-7"}]},{"actor":"Physician (parental consent violation)","offense":"Abortion without parental consent or judicial waiver under IC 16-34-2-7(b)","penalty":"Class A misdemeanor: up to 1 year imprisonment, fine up to $5,000","verification":"verified","sources":[{"name":"Justia","href":"https://law.justia.com/codes/indiana/title-16/article-34/chapter-2/section-16-34-2-7"}]},{"actor":"Any person (informed consent violation)","offense":"Performing an abortion without complying with informed consent requirements under IC 16-34-2-7(c)","penalty":"Class A infraction: civil fine only","verification":"verified","sources":[{"name":"Justia","href":"https://law.justia.com/codes/indiana/title-16/article-34/chapter-2/section-16-34-2-7"}]},{"actor":"Third party (feticide)","offense":"Feticide under IC 35-42-1-6(b)","penalty":"Level 3 felony: 3-16 years imprisonment, fine up to $10,000","verification":"verified","sources":[{"name":"Justia","href":"https://law.justia.com/codes/indiana/title-35/article-42/chapter-1/section-35-42-1-6"}]},{"actor":"False parent claiming consent","offense":"Falsely claiming to be parent to circumvent parental consent under IC 16-34-2-4(m)","penalty":"Level 6 felony: 6 months to 2.5 years imprisonment, fine up to $10,000","verification":"verified","sources":[{"name":"Justia","href":"https://law.justia.com/codes/indiana/title-16/article-34/chapter-2/section-16-34-2-4"}]},{"actor":"Person aiding minor without consent","offense":"Civil liability for aiding minor in obtaining abortion without parental consent under IC 16-34-2-4.2","penalty":"Civil damages including compensation for physical/emotional injury, attorney's fees, court costs, punitive damages","verification":"verified","sources":[{"name":"Justia","href":"https://law.justia.com/codes/indiana/title-16/article-34/chapter-2/section-16-34-2-4-2"}]},{"actor":"Pregnant woman","offense":"None; expressly exempt from all criminal liability","penalty":"None","verification":"verified","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/in/title-35-criminal-law-and-procedure/in-code-sect-35-42-1-6-5"}]}],"recent_changes":[{"date":"2022-06-24","event":"Dobbs v. Jackson Women's Health Organization decided by U.S. Supreme Court, overturning Roe v. Wade and eliminating the federal constitutional right to abortion.","sources":[{"name":"U.S. Supreme Court","href":"https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf"}]},{"date":"2022-08-05","event":"Indiana General Assembly passes Senate Enrolled Act 1 (SEA 1 / SB 1) in special session, enacting a near-total abortion ban with limited exceptions.","sources":[{"name":"Indiana General Assembly","href":"https://iga.in.gov/legislative/2022ss1/bills/senate/1"}]},{"date":"2022-09-22","event":"Marion Superior Court issues preliminary injunction blocking SEA 1, halting enforcement of the ban while constitutional challenge proceeds.","sources":[{"name":"State Court Report","href":"https://statecourtreport.org/case-tracker/members-medical-licensing-board-indiana-v-planned-parenthood-great-northwest"}]},{"date":"2022-12-02","event":"Marion Superior Court grants second preliminary injunction in separate RFRA-based class action, further blocking enforcement against religious plaintiffs.","sources":[{"name":"Indiana Capital Chronicle","href":"https://indianacapitalchronicle.com/2022/12/02/judge-grants-rfra-based-preliminary-injunction-against-abortion-ban"}]},{"date":"2023-06-30","event":"Indiana Supreme Court upholds SEA 1 against facial constitutional challenge, holding that Article 1, Section 1 of the Indiana Constitution protects abortion only to the extent necessary to protect life or prevent serious health risk.","sources":[{"name":"Indiana Supreme Court via Justia","href":"https://law.justia.com/cases/indiana/supreme-court/2023/22s-pl-00338.html"}]},{"date":"2023-08-21","event":"Indiana Supreme Court certifies its June 30 ruling; SEA 1 takes full effect. Abortion clinics lose state licensure. The ban becomes enforceable statewide except as to RFRA-injunction plaintiffs.","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/in/title-16-health/in-code-sect-16-34-2-1"}]},{"date":"2024-04-04","event":"Indiana Court of Appeals affirms preliminary injunction and class certification in RFRA-based challenge to abortion ban.","sources":[{"name":"State Court Report","href":"https://statecourtreport.org/case-tracker/individual-members-medical-licensing-board-indiana-v-anonymous-plaintiff-1"}]},{"date":"2024-05-01","event":"Federal district court permanently enjoins Indiana's aid-or-assist statute insofar as it prohibits disseminating information about out-of-state abortion access to minors, on First Amendment grounds.","sources":[{"name":"Courthouse News","href":"https://www.courthousenews.com/wp-content/uploads/2024/05/planned-parenthood-indiana-free-speech-ruling.pdf"}]},{"date":"2025-01-08","event":"SB 171 introduced in 2025 session: would ban abortion-inducing drugs outright, require rape affidavit, and expand reporting. Bill did not pass.","sources":[{"name":"LegiScan","href":"https://legiscan.com/IN/bill/SB0171/2025"}]},{"date":"2025-08-11","event":"Indiana Court of Appeals rejects Planned Parenthood's as-applied challenge to the narrowness of the ban's exceptions, ruling that the health exception as drafted survives constitutional scrutiny.","sources":[{"name":"State Court Report","href":"https://statecourtreport.org/sites/default/files/2025-08/court_of_appeals_of_indiana-opinion.pdf"}]},{"date":"2026-01-28","event":"SB 236 passes Indiana Senate 35-10, creating a private civil-bounty enforcement mechanism for abortion-inducing drugs with minimum $100,000 damages. Referred to House; not yet enacted.","sources":[{"name":"Indiana Capital Chronicle","href":"https://indianacapitalchronicle.com/2026/01/28/indiana-abortion-inducing-drug-ban-passes-senate-heads-to-house"}]},{"date":"2026-03-05","event":"Marion Superior Court enters permanent injunction in RFRA class action, blocking enforcement of abortion ban against plaintiffs and certified class of all Indianans who may need religiously-mandated abortions. Indiana Attorney General appeals the next day.","sources":[{"name":"State Court Report","href":"https://statecourtreport.org/case-tracker/individual-members-medical-licensing-board-indiana-v-anonymous-plaintiff-1"}]},{"date":"2026-06-29","event":"Indiana Supreme Court denies transfer in Planned Parenthood as-applied challenge, letting stand the Court of Appeals ruling that the ban's exceptions are constitutionally adequate.","sources":[{"name":"The Indiana Lawyer","href":"https://www.theindianalawyer.com/articles/indiana-supreme-court-declines-to-review-planned-parenthoods-challenge-to-states-abortion-law"}]}],"pending_changes":[{"name":"Individual Members of the Medical Licensing Board of Indiana v. Anonymous Plaintiff 1 (RFRA appeal)","type":"litigation","status":"Indiana Supreme Court granted direct transfer of appeal from the March 5, 2026 permanent injunction; oral arguments expected September 2026.","effect":"If the Indiana Supreme Court reverses the permanent injunction, the abortion ban will again be fully enforceable against all persons, including those with religious objections. If affirmed, a certified class of Hoosiers with sincerely held religious beliefs requiring abortion will have a permanent religious exemption from the ban.","sources":[{"name":"The Indiana Lawyer","href":"https://www.theindianalawyer.com/articles/indiana-supreme-court-to-hear-religious-freedom-case-involving-states-near-total-abortion-ban"}]},{"name":"Indiana SB 236 (2026) — Abortion-inducing drug ban with civil bounty enforcement","type":"legislation","status":"Passed Indiana Senate 35-10 on January 28, 2026; pending in Indiana House of Representatives. Not yet enacted.","effect":"If enacted, SB 236 would create a private civil cause of action allowing any person to sue manufacturers, distributors, prescribers, mailers, transporters, or others involved with abortion-inducing drugs, with minimum statutory damages of $100,000 per violation. It would also authorize the Attorney General to bring civil enforcement actions and would create a wrongful-death cause of action for unborn children killed by abortion-inducing drugs. The pregnant woman would be exempt from liability.","sources":[{"name":"Indiana Capital Chronicle","href":"https://indianacapitalchronicle.com/2026/01/28/indiana-abortion-inducing-drug-ban-passes-senate-heads-to-house"}]}],"key_authorities":[{"name":"SEA 1 / SB 1 — Near-Total Abortion Ban","citation":"Ind. Code § 16-34-2-1","type":"statute","url":"https://codes.findlaw.com/in/title-16-health/in-code-sect-16-34-2-1","why":"The operative near-total ban: declares abortion a criminal act except under four narrow exceptions and establishes all procedural and facility requirements."},{"name":"Abortion Definition","citation":"Ind. Code § 16-18-2-1","type":"statute","url":"https://law.justia.com/codes/indiana/title-16/article-18/chapter-2/section-16-18-2-1","why":"Defines what conduct constitutes 'abortion' and therefore what the ban reaches; carves out removal of a dead fetus (miscarriage management)."},{"name":"Serious Health Risk Definition","citation":"Ind. Code § 16-18-2-327.9","type":"statute","url":"https://law.justia.com/codes/indiana/title-16/article-18/chapter-2/section-16-18-2-327-9","why":"Defines the physical-health exception narrowly to exclude mental health and self-harm claims, making it one of the most restrictive health exceptions in the country."},{"name":"Indiana Supreme Court uphold of ban","citation":"Members of the Med. Licensing Bd. of Ind. v. Planned Parenthood Great Nw., 211 N.E.3d 937 (Ind. 2023)","type":"case","url":"https://law.justia.com/cases/indiana/supreme-court/2023/22s-pl-00338.html","why":"The controlling Indiana Supreme Court decision upholding SEA 1 against facial state-constitutional challenge and defining the scope of abortion rights under the Indiana Constitution."},{"name":"Unlawful Abortion Penalty","citation":"Ind. Code § 16-34-2-7","type":"statute","url":"https://law.justia.com/codes/indiana/title-16/article-34/chapter-2/section-16-34-2-7","why":"Establishes criminal penalties: Level 5 felony for unlawful abortion, Class A misdemeanor for parental-consent violation, and mother-exemption for partial-birth/dismemberment procedures."},{"name":"Feticide and Mother Exemption","citation":"Ind. Code §§ 35-42-1-6 and 35-42-1-6.5","type":"statute","url":"https://law.justia.com/codes/indiana/title-35/article-42/chapter-1/section-35-42-1-6","why":"Establishes fetal homicide as a Level 3 felony while expressly exempting the pregnant woman, and exempts lawful abortion from homicide statutes."},{"name":"Mother's Defense to Fetal Crimes","citation":"Ind. Code § 35-41-3-12","type":"statute","url":"https://law.justia.com/codes/indiana/title-35/article-41/chapter-3/section-35-41-3-12","why":"Provides an affirmative defense to a pregnant woman for any crime involving death of or injury to a fetus committed with intent to terminate pregnancy."},{"name":"Informed Consent and 18-Hour Wait","citation":"Ind. Code § 16-34-2-1.1","type":"statute","url":"https://codes.findlaw.com/in/title-16-health/in-code-sect-16-34-2-1-1","why":"Imposes mandatory 18-hour waiting period, state-scripted counseling, mandatory ultrasound, and 'abortion pill reversal' statement."},{"name":"Parental Consent and Judicial Bypass","citation":"Ind. Code § 16-34-2-4","type":"statute","url":"https://law.justia.com/codes/indiana/title-16/article-34/chapter-2/section-16-34-2-4","why":"Requires notarized parental consent for minors with government ID and proof of relationship; provides judicial bypass with 48-hour decision deadline."},{"name":"Aiding Minors Without Consent","citation":"Ind. Code § 16-34-2-4.2","type":"statute","url":"https://law.justia.com/codes/indiana/title-16/article-34/chapter-2/section-16-34-2-4-2","why":"Creates civil liability for aiding a minor in obtaining an abortion without parental consent; partially enjoined on First Amendment grounds for information-sharing."},{"name":"Insurance Coverage Ban","citation":"Ind. Code § 27-8-13.4-2","type":"statute","url":"https://law.justia.com/codes/indiana/title-27/article-8/chapter-13-4/section-27-8-13-4-2","why":"Prohibits private insurance coverage for abortion except in limited exceptions; permits separate rider."},{"name":"Provider Defunding Law","citation":"Ind. Code § 5-22-17-5.5","type":"statute","url":"https://healthlaw.org/resource/indiana-law-threatens-medicaid-services-updated","why":"Prohibits state contracts and grants with entities that perform abortions; partially preempted as to Medicaid funding by the Seventh Circuit."},{"name":"RFRA Permanent Injunction","citation":"Anonymous Plaintiffs 1-5 v. Individual Members of the Med. Licensing Bd. of Ind., Marion Super. Ct. (Mar. 5, 2026)","type":"case","url":"https://statecourtreport.org/case-tracker/individual-members-medical-licensing-board-indiana-v-anonymous-plaintiff-1","why":"Currently blocks enforcement of the abortion ban against a certified class whose religious beliefs require abortion; on direct appeal to the Indiana Supreme Court."},{"name":"First Amendment Injunction — Information About Out-of-State Abortion","citation":"Planned Parenthood of Ind. & Ky., Inc. v. Comm'r, No. 1:17-cv-01636 (S.D. Ind. May 1, 2024)","type":"case","url":"https://www.courthousenews.com/wp-content/uploads/2024/05/planned-parenthood-indiana-free-speech-ruling.pdf","why":"Permanently enjoins Indiana from punishing dissemination of information about out-of-state abortion access to minors on First Amendment grounds."},{"name":"Fetal Wrongful Death Rejection","citation":"Bolin v. Wingert, 764 N.E.2d 201 (Ind. 2002)","type":"case","url":"https://law.justia.com/cases/indiana/supreme-court/2001/03110102-rts.html","why":"Indiana Supreme Court holding that only children 'born alive' fall under the Child Wrongful Death Statute, precluding fetal wrongful-death claims."}],"research_notes":{"overall_confidence":"high","editor_notes":"Several critical dates and documents should be re-verified before publication: (1) the full text of the March 5, 2026 permanent injunction order in the RFRA case to confirm the class definition and scope; (2) the status of SB 236 in the House; (3) the June 29, 2026 Indiana Supreme Court order denying transfer in the Planned Parenthood as-applied challenge; (4) the 2026 Indiana Code for any mid-year amendments. The interaction of federal FDA law (mifepristone REMS) with Indiana's in-person dispensing requirement is a live legal question that should be monitored. The status of the federal Hyde Amendment as of July 2026 should be confirmed given recent reported changes. The Indiana Supreme Court oral argument in the RFRA direct appeal, scheduled for September 2026, may substantially alter the enforcement landscape.","gaps":["The exact scope of the certified class in the RFRA permanent injunction (Anonymous Plaintiffs 1-5 v. Members of the Medical Licensing Board) needs confirmation from the Marion Superior Court order, which was not fully readable from available sources.","The current status of SB 236 in the Indiana House as of July 2026 could not be confirmed beyond its Senate passage on January 28, 2026.","Whether any provider has been prosecuted under the post-Dobbs abortion ban could not be confirmed; no public reports were found.","The FDA preemption interaction between the mifepristone REMS and Indiana's in-person dispensing requirement has not been litigated and its analysis remains theoretical.","The extent to which the Indiana Attorney General's office has attempted to enforce the abortion ban against out-of-state telemedicine prescribers is unclear from available public records.","The 2026 Indiana Code edition on FindLaw and Justia may not reflect any last-minute 2026 legislative amendments."]}}