Abhortion · State legal snapshot
Near-total ban; narrow exceptions. Indiana has a near-total abortion ban in effect, with abortion permitted only in narrow statutory exceptions for life, serious physical health risk,…
§ I · Gestational limit
│ Ban in effect; RFRA injunction pending · Ind. Code § 16-34-2-1(a)
§ II · Restriction inventory — 15 checked, 12 in force
✓Provider ban · all stagesIn force
◐2 in-person visitsIn force
◐Method ban · D&E · D&XIn force
◐Physician-only lawIn force
◐One-parent consentIn force
✓Telehealth prescribing banIn force
◐18-hour waiting periodIn force
●Spousal consent or noticeNone
✓Abortion trafficking lawIn force
◐Scripted counselingIn force
●Civil bounty (SB8-style)None
✓Private insurance restrictionIn force
◐Mandatory ultrasoundPerformed
✓Pill-mailing banIn force
●Self-managed abortion crimeNone
§ III · Access
Criminal exposure
Procedure
Coverage & interstate
Available now
Severely restricted
Pregnant person
Expressly exempt
Waiting period
18 hours
Medicaid
Hyde only
Medication · telehealth
Regulated separately · telehealth barred
Self-managed
Not a crime
Compelled visits
2 in person
Private insurance
Restricted
Who may perform
Physicians only
Provider max penalty
Level 5 felony, 1-6 years, fine up to…
Minors
One-parent consent
Shield state
No
Mailing pills
Banned
Fetal homicide law
Yes · abortion carved out
Judicial bypass
Available
Major pending change
Yes · see p. 2
✓ Abolition-aligned — forbids abortion or imposes liability◐ Partial — a hurdle, an enjoined law, or a carve-out● No restriction○ Unclear or not applicable
§ IV · Why it is banned — governing authorities
SEA 1 / SB 1 — Near-Total Abortion Ban, Ind. Code § 16-34-2-1 — The operative near-total ban: declares abortion a criminal act except under four narrow…
■Abortion Definition, Ind. Code § 16-18-2-1 — Defines what conduct constitutes 'abortion' and therefore what the ban reaches; carves…
■Serious Health Risk Definition, Ind. Code § 16-18-2-327.9 — Defines the physical-health exception narrowly to exclude mental health and self-harm…
“Abortion shall in all instances be a criminal act, except when performed under the following circumstances...”— Ind. Code § 16-34-2-1(a)
Fetal personhood — how the contradiction is walled off
✓ Ind. Code § 16-34-2-1.1(a)(1)(E)
“That human physical life begins when a human ovum is fertilized by a human sperm.”
Personhood language in multiple statutes
→
● Exempt · pregnant woman
Expressly exempt from prosecution
● Carved out · abortion
Abortion is not chargeable under the homicide statutes.
✓ Reached · third parties
Feticide, at any stage; mother exempt
Indiana's law contains explicit and unresolved contradictions in its treatment of fetal personhood. Wrongful death: No fetal wrongful-death claim.
§ V · Criminal exposure by actor
●
Pregnant woman
Expressly exempt from prosecution
✓
Physician
Level 5 felony; 1-6 years
✓
Non-physician prescriber
Felony exposure for unlawful…
✓
Helpers · funds
Civil and criminal exposure for helpers
✓
Travel helpers
Risky for minors; unclear for adults
●
Civil bounty
No bounty law in force; SB 236 pending
✓ the actor faces criminal or civil exposure under state law · ● no exposure · ○ unclear or theoretical
Penalties on the books — top 5
§ VI · How the law got here ● court ■ statute ◆ executive / agency
Indiana Supreme Court certifies its June 30 ruling; SEA 1 takes full effect. Abortion clinics lose state licensure.
4 Apr 2024●Indiana Court of Appeals affirms preliminary injunction and class certification in RFRA-based challenge to abortion…
1 May 2024●Federal district court permanently enjoins Indiana's aid-or-assist statute insofar as it prohibits disseminating…
8 Jan 2025■SB 171 introduced in 2025 session: would ban abortion-inducing drugs outright, require rape affidavit, and expand…
11 Aug 2025●Indiana Court of Appeals rejects Planned Parenthood's as-applied challenge to the narrowness of the ban's exceptions,…
28 Jan 2026■SB 236 passes Indiana Senate 35-10, creating a private civil-bounty enforcement mechanism for abortion-inducing drugs…
5 Mar 2026●Marion Superior Court enters permanent injunction in RFRA class action, blocking enforcement of abortion ban against…
29 Jun 2026●Indiana Supreme Court denies transfer in Planned Parenthood as-applied challenge, letting stand the Court of Appeals…
§ VII · Exceptions matrix
Named in law: ◐ the exception is written into the ban · ✓ no such exception · ● no ban for an exception to operate against. Verified (neutral): ✓ quoted text confirmed at source · ◐ semi-verified · ○ verify before publication · — not applicable.
§ VIII · Interstate & helpers
✓ No shield law
No shield law; hostile-legislation pending
✓ Travel assistance criminalized
Travel not prohibited; minor assistance restricted
✓ Telehealth prescribing barred
Telehealth for abortion is banned
✓ Pill mailing banned
Prohibited; potential felony
✓ Funding help exposed
No direct criminal prohibition; accomplice risk
✓ Providing information
Protected speech; injunction in force
Interstate postureIndiana 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…
§ IX · Who pays
Hyde Amendment only
Life
Hyde · federal
Rape
Hyde · federal
Incest
Hyde · federal
Beyond Hyde
Not covered
Coverage banned except for exceptions
ACA exchange plans banned from coverage
✓Abortion providers defunded
§ X · Pending changes status and effect as recorded — no forecast
Individual Members of the Medical Licensing Board of Indiana v.…Indiana Supreme Court granted direct transfer of appeal from the March 5, 2026 permanent injunction; oral…
If the Indiana Supreme Court reverses the permanent injunction, the abortion ban will again be fully enforceable against all persons, including those with religious…
LegislationIndiana SB 236 (2026) — Abortion-inducing drug ban with civil…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…
§ XI · Key authorities ● case ■ statute ◆ agency
■SEA 1 / SB 1 — Near-Total Abortion Ban Ind. Code § 16-34-2-1
■Abortion Definition Ind. Code § 16-18-2-1
■Serious Health Risk Definition Ind. Code § 16-18-2-327.9
●Indiana Supreme Court uphold of ban Members of the Med. Licensing Bd. of Ind. v. Planned…
■Unlawful Abortion Penalty Ind. Code § 16-34-2-7
■Feticide and Mother Exemption Ind. Code §§ 35-42-1-6 and 35-42-1-6.5
■Mother's Defense to Fetal Crimes Ind. Code § 35-41-3-12
■Informed Consent and 18-Hour Wait Ind. Code § 16-34-2-1.1
■Parental Consent and Judicial Bypass Ind. Code § 16-34-2-4
■Aiding Minors Without Consent Ind. Code § 16-34-2-4.2
■Insurance Coverage Ban Ind. Code § 27-8-13.4-2
■Provider Defunding Law Ind. Code § 5-22-17-5.5