State Legal Snapshot
Abortion law, status, and enforcement — one-page reference
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.
Ind. Code § 16-34-2-1(a) · Members of the Med. Licensing Bd. of Ind. v. Planned Parenthood Great Nw., 211 N.E.3d 937 (Ind. 2023) · Individual Members of the Med. Licensing Bd. of Ind. v. Anonymous Plaintiff 1, Marion Super. Ct., No. 49D01-2209-PL-031056
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.
Ind. Code § 35-42-1-6 · Ind. Code § 16-34-2-1.1(a)(1)(E)
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.
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.
| Actor | Offense | Penalty |
|---|---|---|
| Physician (unlawful abortion) | Performance of unlawful abortion under IC 16-34-2-7(a) | Level 5 felony: 1-6 years imprisonment, fine up to $10,000; plus medical license suspension or revocation |
| Physician (parental consent violation) | Abortion without parental consent or judicial waiver under IC 16-34-2-7(b) | Class A misdemeanor: up to 1 year imprisonment, fine up to $5,000 |
| Any person (informed consent violation) | Performing an abortion without complying with informed consent requirements under IC 16-34-2-7(c) | Class A infraction: civil fine only |
| Third party (feticide) | Feticide under IC 35-42-1-6(b) | Level 3 felony: 3-16 years imprisonment, fine up to $10,000 |
| False parent claiming consent | Falsely claiming to be parent to circumvent parental consent under IC 16-34-2-4(m) | Level 6 felony: 6 months to 2.5 years imprisonment, fine up to $10,000 |
Individual Members of the Medical Licensing Board of Indiana v. Anonymous Plaintiff 1 (RFRA appeal)
Litigation · Indiana Supreme Court granted direct transfer of appeal from the March 5, 2026 permanent injunction; oral arguments expected September 2026.
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.
Indiana SB 236 (2026) — Abortion-inducing drug ban with civil bounty enforcement
Legislation · Passed Indiana Senate 35-10 on January 28, 2026; pending in Indiana House of Representatives. Not yet enacted.
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.
The operative near-total ban: declares abortion a criminal act except under four narrow exceptions and establishes all procedural and facility requirements.
Defines what conduct constitutes 'abortion' and therefore what the ban reaches; carves out removal of a dead fetus (miscarriage management).
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.
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.
Establishes criminal penalties: Level 5 felony for unlawful abortion, Class A misdemeanor for parental-consent violation, and mother-exemption for partial-birth/dismemberment procedures.
Generated from the structured legal focused deep-research record for IN (research completed 2026-07-12). This snapshot condenses a much larger sourced dataset — full citations, quoted statutory text, and plain-language explanations are in the full Indiana survey. This document has not been reviewed by a lawyer and should not be used as legal advice.