Abhortion · State legal snapshot

Indiana

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,…

Provider ban As of12 Jul 2026 Research completed12 Jul 2026 Confidence●●● High

§ I · Gestational limit

✓ Provider ban · every stage · mother exempt
0481216202428323640 wk

│ 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

ActorOffensePenalty Physician (unlawful abortion)Performance of unlawful abortion under IC…Level 5 felony: 1-6 years imprisonment, fine up to $10,000; plus… Physician (parental consent…Abortion without parental consent or judicial…Class A misdemeanor: up to 1 year imprisonment, fine up to $5,000 Any person (informed consent…Performing an abortion without complying with…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 consentFalsely claiming to be parent to circumvent…Level 6 felony: 6 months to 2.5 years imprisonment, fine up to…
Abhortion · State legal snapshot · IndianaNot legal advice — verify citations before reliance · 1 / 2

§ VI · How the law got here ● court  ■ statute  ◆ executive / agency

21 Aug 2023■

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 lawVerified Life of the pregnant personLife exception at all stages◐✓ Physical healthSerious physical health risk only◐✓ Mental healthMental health explicitly excluded✓✓ RapeRape exception to 10 weeks◐✓ IncestIncest exception to 10 weeks◐✓ Fatal fetal anomalyLethal fetal anomaly to viability/20 weeks◐✓ Miscarriage · ectopic careMiscarriage and ectopic treatment permitted◐✓

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

Litigation

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…

Legislation

Indiana 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

◐ Semi-verified — confirm at sourceNurses & staff · Funding assistance · Providing information · Civil bounty · Paternal rights · Wrongful death · Medicaid · State funding of providers
○ Verify before publicationThe exact scope of the certified class in the RFRA permanent injunction (Anonymous Plaintiffs 1-5 v. Members of the Medical Licensing Board) needs…
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