---
title: "Indiana — abortion law"
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…"
type: "legislation"
jurisdiction: "Indiana"
as_of_date: "2026-07-12"
source_url: "https://www.abhortion.org/legislation/in.html"
---

# Indiana — abortion law

_Indiana · United States_

## Overview

**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, lethal fetal anomaly, and rape/incest to 10 weeks.

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.

> "Abortion shall in all instances be a criminal act, except when performed under the following circumstances..."
> — Ind. Code § 16-34-2-1(a)

**Legal analysis**

Indiana's near-total abortion ban, Senate Enrolled Act 1 (SEA 1, also known as SB 1), codified at IC 16-34-2-1, declares that 'Abortion shall in all instances be a criminal act' except under four enumerated circumstances. The Indiana Supreme Court upheld the ban in Members of the Medical Licensing Board of Indiana v. Planned Parenthood Great Northwest, 211 N.E.3d 937 (Ind. 2023), holding that Article 1, Section 1 of the Indiana Constitution protects abortion only to the extent necessary to protect the woman's life or prevent serious health risk. The ban took effect August 21, 2023. On March 5, 2026, the Marion Superior Court entered a permanent injunction under Indiana's Religious Freedom Restoration Act (RFRA), preventing enforcement against plaintiffs and a certified class of Hoosiers whose sincerely held religious beliefs require abortion; the Indiana Supreme Court has agreed to hear direct appeal. SEA 1 also eliminated state licensure of abortion clinics, so only hospitals and hospital-owned ambulatory surgical centers may provide abortions.

*Sources — Verified at source · High confidence · Ind. Code § 16-34-2-1(a), subsection (a), [FindLaw](https://codes.findlaw.com/in/title-16-health/in-code-sect-16-34-2-1) · Members of the Med. Licensing Bd. of Ind. v. Planned Parenthood Great Nw., 211 N.E.3d 937 (Ind. 2023), slip op., [Justia](https://law.justia.com/cases/indiana/supreme-court/2023/22s-pl-00338.html) · Individual Members of the Med. Licensing Bd. of Ind. v. Anonymous Plaintiff 1, Marion Super. Ct., No. 49D01-2209-PL-031056, [State Court Report](https://statecourtreport.org/case-tracker/individual-members-medical-licensing-board-indiana-v-anonymous-plaintiff-1)*

**Editor's note.** The RFRA permanent injunction creates a religious exemption for a certified class; its scope and survival on appeal remain uncertain. SB 236 (2026 session) passed the Senate and would create a civil-bounty mechanism for abortion-inducing drugs, but has not yet become law.

## At a glance

Every machine-readable determination in the research document. Each value is derived from a sourced finding below.

| Field | Value |
| --- | --- |
| Legal classification | Total ban |
| Gestational limit weeks | 0 |
| Limit measured from | Fertilization |
| Abortion currently available | Severely restricted |
| Ban or limit enjoined | No |
| Mother expressly exempt | Yes |
| Mother prosecutable in practice | No |
| Self managed abortion criminalized | No |
| Abortion charged as homicide | No |
| Fetal homicide law | Yes |
| Fetal wrongful death action | No |
| Personhood language in law | Yes |
| Personhood contradiction | Yes |
| Medication abortion distinct status | Yes |
| Mailing pills banned | Yes |
| Method bans | D and e, D and x |
| Telehealth prescribing allowed | No |
| Physician only law | Yes |
| Provider max penalty | Level 5 felony, 1-6 years, fine up to $10,000 |
| Helpers criminally exposed | Yes |
| Travel assistance criminalized | Yes |
| Civil bounty law | No |
| Shield state | No |
| Waiting period hours | 18 |
| State scripted counseling | Yes |
| Ultrasound required | Mandatory performed |
| In person visits required | 2 |
| Parental involvement | Consent one parent |
| Judicial bypass available | Yes |
| Spousal consent or notice on books | No |
| Medicaid coverage | Hyde only |
| Private insurance restricted | Yes |
| State funding posture | Defunds providers |
| Rape incest exception | Yes |
| Exceptions present | Life, Physical health, Rape, Incest, Fatal fetal anomaly, Ectopic miscarriage carveout |
| Major pending change | Yes |

## Definitions

**Termination of human pregnancy**

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.

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.

> "'Abortion' means the termination of human pregnancy with an intention other than to produce a live birth or to remove a dead fetus. The term includes abortions by surgical procedures and by abortion inducing drugs."
> — Ind. Code § 16-18-2-1

**Legal analysis**

IC 16-18-2-1 defines 'abortion' to mean 'the termination of human pregnancy with an intention other than to produce a live birth or to remove a dead fetus. The term includes abortions by surgical procedures and by abortion inducing drugs.' The definition is broad and does not contain an explicit carve-out for management of ectopic pregnancy, miscarriage, or IVF-related embryo disposition. However, the ban's 'serious health risk' exception (IC 16-34-2-1(a)(1)(A)(i)) would authorize treatment of ectopic pregnancy where necessary to prevent death or serious physical impairment. Miscarriage management involving a dead fetus is by definition not an 'abortion' because the statute requires an intention 'other than...to remove a dead fetus.' 'Abortion inducing drug' is separately defined at IC 16-18-2-1.6 as 'a medicine, drug, or substance prescribed or dispensed with the intent of terminating a clinically diagnosable pregnancy.'

*Sources — Verified at source · High confidence · Ind. Code § 16-18-2-1, Sec. 1, [Justia](https://law.justia.com/codes/indiana/title-16/article-18/chapter-2/section-16-18-2-1)*

## Current status

**Ban in effect; RFRA injunction pending**

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.

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.

> "Abortion shall in all instances be a criminal act, except when performed under the following circumstances..."
> — Ind. Code § 16-34-2-1(a)

**Legal analysis**

Senate Enrolled Act 1 (2022 Special Session), codified as amended throughout IC 16-34, established the near-total ban. The Indiana Supreme Court upheld the law against a facial constitutional challenge in June 2023, 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. The ban took effect August 21, 2023. A separate facial challenge arguing that the exceptions are too narrow was rejected by the Indiana Court of Appeals in August 2025. On March 5, 2026, the Marion Superior Court entered a permanent injunction under Indiana's Religious Freedom Restoration Act (IC 34-13-9), preventing enforcement against the named plaintiffs and a certified class of 'all Indianans who may need religiously-mandated abortions.' The Indiana Supreme Court granted direct transfer of the appeal and will hear arguments in September 2026. No stay of the injunction has been reported, meaning the ban cannot be enforced against class members during the appeal.

*Sources — Verified at source · High confidence · Ind. Code § 16-34-2-1(a), subsection (a), [FindLaw](https://codes.findlaw.com/in/title-16-health/in-code-sect-16-34-2-1) · Members of the Med. Licensing Bd. of Ind. v. Planned Parenthood Great Nw., 211 N.E.3d 937 (Ind. 2023), [Justia](https://law.justia.com/cases/indiana/supreme-court/2023/22s-pl-00338.html) · Ind. Code § 34-13-9 et seq. (Indiana Religious Freedom Restoration Act), [Justia](https://law.justia.com/codes/indiana/title-34/article-13/chapter-9)*

**Editor's note.** The RFRA injunction's class certification scope is contested. The Indiana Supreme Court's disposition of the direct appeal may alter the enforcement landscape significantly.

## Law-in-effect vs. law-on-the-books

**Enforceable; RFRA class exempted**

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.

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.

**Legal analysis**

SEA 1 was initially enjoined by a Marion Superior Court preliminary injunction on September 22, 2022. The Indiana Supreme Court vacated the PI and upheld the statute in Members of the Medical Licensing Board of Indiana v. Planned Parenthood Great Northwest, 211 N.E.3d 937 (Ind. 2023). The ban became operative on August 21, 2023, upon certification. A second challenge—arguing the exceptions are too narrow in application—was rejected by the Indiana Court of Appeals on August 11, 2025 (Planned Parenthood Great Nw., Hawai'i, Alaska, Indiana, Kentucky, Inc. v. Members of the Med. Licensing Bd. of Ind., No. 24A-PL-2467). The Indiana Supreme Court denied transfer in that case on June 29, 2026. Meanwhile, a separate RFRA-based class action (Anonymous Plaintiffs 1-5 v. Individual Members of the Medical Licensing Board of Indiana) resulted in a permanent injunction on March 5, 2026; the Indiana Supreme Court has accepted direct appeal of that ruling. No prosecutions under the ban have been publicly reported as of this writing.

*Sources — Verified at source · High confidence · Members of the Med. Licensing Bd. of Ind. v. Planned Parenthood Great Nw., 211 N.E.3d 937 (Ind. 2023), [Indiana Supreme Court via Justia](https://law.justia.com/cases/indiana/supreme-court/2023/22s-pl-00338.html) · Individual Members of the Med. Licensing Bd. of Ind. v. Anonymous Plaintiff 1, Marion Super. Ct., No. 49D01-2209-PL-031056, [State Court Report](https://statecourtreport.org/case-tracker/individual-members-medical-licensing-board-indiana-v-anonymous-plaintiff-1)*

**Editor's note.** No prosecutions under the ban have been publicly reported as of July 2026. The practical enforcement posture is therefore statutory but unproven.

## Exceptions

### Life of the mother

**Life exception at all stages**

Abortion is permitted at any stage of pregnancy when reasonable medical judgment dictates it is necessary to save the pregnant woman's life.

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.

> "in the attending physician's reasonable medical judgment, performing the abortion is necessary to prevent any serious health risk to the pregnant woman or to save the pregnant woman's life"
> — Ind. Code § 16-34-2-1(a)(1)(A)(i)

**Legal analysis**

Under IC 16-34-2-1(a)(1)(A)(i) (before viability/20 weeks) and IC 16-34-2-1(a)(3)(A) (at viability/20 weeks and after), abortion is permitted when 'reasonable medical judgment dictates that performing the abortion is necessary...to save the pregnant woman's life.' After viability, the procedure must be in a hospital (not just an ambulatory surgical center) and must additionally comply with IC 16-34-2-3 (requiring the presence of a second physician to care for any live-born infant). The physician must certify in writing the facts and reasons supporting the judgment. The pregnant woman's consent is not required when the abortion is necessary to preserve her life.

*Sources — Verified at source · High confidence · Ind. Code § 16-34-2-1(a)(1)(A)(i), subsection (a)(1)(A)(i), [FindLaw](https://codes.findlaw.com/in/title-16-health/in-code-sect-16-34-2-1)*

### Physical health

**Serious physical health risk only**

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.

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.

> "'Serious health risk'...means that in reasonable medical judgment, a condition exists that has complicated the mother's medical condition and necessitates an abortion to prevent death or a serious risk of substantial and irreversible physical impairment of a major bodily function. The term does not include psychological or emotional conditions."
> — Ind. Code § 16-18-2-327.9

**Legal analysis**

IC 16-18-2-327.9 defines 'serious health risk' to mean 'that in reasonable medical judgment, a condition exists that has complicated the mother's medical condition and necessitates an abortion to prevent death or a serious risk of substantial and irreversible physical impairment of a major bodily function. The term does not include psychological or emotional conditions. A medical condition may not be determined to exist based on a claim or diagnosis that the woman will engage in conduct that she intends to result in her death or in physical harm.' This narrow definition was upheld by the Indiana Court of Appeals in its August 2025 ruling (Planned Parenthood Great Nw. v. Members of the Med. Licensing Bd. of Ind., No. 24A-PL-2467), which rejected an as-applied challenge arguing that the exception is too narrow for various pregnancy complications.

*Sources — Verified at source · High confidence · Ind. Code § 16-18-2-327.9, Sec. 327.9, [Justia](https://law.justia.com/codes/indiana/title-16/article-18/chapter-2/section-16-18-2-327-9)*

### Mental health

**Mental health explicitly excluded**

Indiana's abortion ban expressly excludes psychological or emotional conditions from the health exception and bars reliance on self-harm claims.

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.

> "The term does not include psychological or emotional conditions. A medical condition may not be determined to exist based on a claim or diagnosis that the woman will engage in conduct that she intends to result in her death or in physical harm."
> — Ind. Code § 16-18-2-327.9

**Legal analysis**

IC 16-18-2-327.9 states that 'serious health risk' 'does not include psychological or emotional conditions' and that 'a medical condition may not be determined to exist based on a claim or diagnosis that the woman will engage in conduct that she intends to result in her death or in physical harm.' This is the most restrictive possible formulation, excluding not only mental health conditions as grounds for abortion but also any self-harm-based arguments. No separate mental health exception exists elsewhere in the Indiana Code.

*Sources — Verified at source · High confidence · Ind. Code § 16-18-2-327.9, Sec. 327.9, [Justia](https://law.justia.com/codes/indiana/title-16/article-18/chapter-2/section-16-18-2-327-9)*

### Rape

**Rape exception to 10 weeks**

Abortion is permitted through 10 weeks post-fertilization when the pregnancy resulted from rape, with physician certification required.

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.

> "during the first ten (10) weeks of postfertilization age of the fetus, if...the pregnancy is a result of rape or incest"
> — Ind. Code § 16-34-2-1(a)(2)

**Legal analysis**

IC 16-34-2-1(a)(2) permits abortion 'during the first ten (10) weeks of postfertilization age of the fetus, if...the pregnancy is a result of rape or incest.' The attending physician must certify in writing that 'after proper examination, the abortion is being performed at the woman's request because the pregnancy is the result of rape or incest.' The procedure must be in a hospital or hospital-owned ambulatory surgical center. The statute does not expressly require a law-enforcement report, though associated legislation (SB 171, 2025 session, not enacted) proposed adding such a requirement. The woman must file her consent, and if she is a minor, the parental consent requirements of IC 16-34-2-4 apply (with the exception for minors pregnant by a parent or guardian's rape).

*Sources — Verified at source · High confidence · Ind. Code § 16-34-2-1(a)(2), subsection (a)(2), [FindLaw](https://codes.findlaw.com/in/title-16-health/in-code-sect-16-34-2-1)*

**Editor's note.** SB 171 (2025) would have required an affidavit of rape but was not enacted. SB 236 (2026) passed the Senate but has not become law; it includes a private civil-bounty mechanism for abortion-inducing drugs.

### Incest

**Incest exception to 10 weeks**

Abortion is permitted through 10 weeks post-fertilization when the pregnancy resulted from incest, with physician certification.

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.

> "if: (A) the pregnancy is a result of rape or incest"
> — Ind. Code § 16-34-2-1(a)(2)

**Legal analysis**

Same statutory basis as the rape exception: IC 16-34-2-1(a)(2). The incest exception operates identically to the rape exception in terms of timeframe (10 weeks post-fertilization), physician certification requirements, facility requirements, and consent requirements. For minors pregnant as a result of incest by a parent, legal guardian, or custodian, the parental consent requirement is waived under IC 16-34-2-4(a).

*Sources — Verified at source · High confidence · Ind. Code § 16-34-2-1(a)(2), subsection (a)(2), [FindLaw](https://codes.findlaw.com/in/title-16-health/in-code-sect-16-34-2-1) · Ind. Code § 16-34-2-4(a), subsection (a), [Justia](https://law.justia.com/codes/indiana/title-16/article-34/chapter-2/section-16-34-2-4)*

### Fatal fetal anomaly

**Lethal fetal anomaly to viability/20 weeks**

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.

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.

> "'Lethal fetal anomaly' means a fetal condition diagnosed before birth that, if the pregnancy results in a live birth, will with reasonable certainty result in the death of the child not more than three (3) months after the child's birth."
> — Ind. Code § 16-25-4.5-2

**Legal analysis**

IC 16-34-2-1(a)(1)(A)(ii) permits abortion before viability or 20 weeks post-fertilization when 'the fetus is diagnosed with a lethal fetal anomaly.' IC 16-25-4.5-2 defines 'lethal fetal anomaly' as 'a fetal condition diagnosed before birth that, if the pregnancy results in a live birth, will with reasonable certainty result in the death of the child not more than three (3) months after the child's birth.' Additional informed-consent requirements apply under IC 16-34-2-1.1(b): the physician must orally inform the woman about perinatal hospice services and provide brochures at least 18 hours before the abortion, and the woman must certify in writing that she received this information (IC 16-34-2-1.1(c)).

*Sources — Verified at source · High confidence · Ind. Code § 16-25-4.5-2, Sec. 2, [Justia](https://law.justia.com/codes/indiana/title-16/article-25/chapter-4.5/section-16-25-4.5-2) · Ind. Code § 16-34-2-1.1(b)-(c), subsections (b), (c), [FindLaw](https://codes.findlaw.com/in/title-16-health/in-code-sect-16-34-2-1-1)*

### Ectopic pregnancy & miscarriage care

**Miscarriage and ectopic treatment permitted**

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.

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.

> "'Abortion' means the termination of human pregnancy with an intention other than to produce a live birth or to remove a dead fetus."
> — Ind. Code § 16-18-2-1

**Legal analysis**

IC 16-18-2-1 defines abortion as termination of pregnancy 'with an intention other than to produce a live birth or to remove a dead fetus.' Treatment of a miscarriage where the fetus has already died is thus definitionally excluded. Ectopic pregnancy management, while not explicitly carved out, would be authorized under IC 16-34-2-1(a)(1)(A)(i) because an untreated ectopic pregnancy creates a 'serious health risk' (risk of death or substantial and irreversible physical impairment). The serious health risk exception applies 'for reasons based upon the professional, medical judgment of the pregnant woman's physician' and permits abortion when 'reasonable medical judgment dictates that performing the abortion is necessary.'

*Sources — Verified at source · High confidence · Ind. Code § 16-18-2-1, Sec. 1, [Justia](https://law.justia.com/codes/indiana/title-16/article-18/chapter-2/section-16-18-2-1)*

## Methods

### Procedural surgical

**Banned except under exceptions**

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.

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.

> "A person may not knowingly or intentionally perform a dismemberment abortion unless reasonable medical judgment dictates that performing the dismemberment abortion is necessary: (1) to prevent any serious health risk to the mother; or (2) to save the mother's life."
> — Ind. Code § 16-34-2-1(b)-(c)

**Legal analysis**

IC 16-34-2-1(a) makes all abortion criminal except under the four exceptions. Two method-specific bans operate within the exceptions: (1) Partial-birth abortion (D&X) is prohibited by IC 16-34-2-1(b) unless 'a physician reasonably believes that performing the partial birth abortion is necessary to save the mother's life and no other medical procedure is sufficient to save the mother's life.' (2) Dismemberment abortion (D&E) is prohibited by IC 16-34-2-1(c) unless 'reasonable medical judgment dictates that performing the dismemberment abortion is necessary to prevent any serious health risk to the mother or to save the mother's life.' The facility requirement (hospital or hospital-owned ambulatory surgical center) applies to all procedural abortions under IC 16-34-2-1(a)(1)(B) and (a)(2)(C). The woman upon whom a partial-birth or dismemberment abortion is performed 'may not be prosecuted for violating or conspiring to violate' these provisions (IC 16-34-2-7(d)-(e)).

*Sources — Verified at source · High confidence · Ind. Code § 16-34-2-1(b)-(c), subsections (b), (c), [FindLaw](https://codes.findlaw.com/in/title-16-health/in-code-sect-16-34-2-1) · Ind. Code § 16-34-2-7(d)-(e), subsections (d), (e), [Justia](https://law.justia.com/codes/indiana/title-16/article-34/chapter-2/section-16-34-2-7)*

### Medication

**Banned; physician-only in-person**

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.

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.

> "a physician may not prescribe or dispense an abortion inducing drug without having first examined the patient in person...'in person' does not include the use of telehealth or telemedicine services."
> — Ind. Code § 16-34-2-1(a)(1) final paragraph

**Legal analysis**

IC 16-34-2-1(a)(1) provides that 'an abortion inducing drug may not be dispensed, prescribed, administered, or otherwise given to a pregnant woman after eight (8) weeks of postfertilization age.' It further requires that 'a physician must dispense the abortion inducing drug in person and have the pregnant woman consume the drug in the presence of the physician. A physician shall examine a pregnant woman in person before prescribing or dispensing an abortion inducing drug.' The statute explicitly states that 'as used in this subdivision, "in person" does not include the use of telehealth or telemedicine services.' IC 16-34-2-1(d) adds that 'Telehealth and telemedicine may not be used to provide any abortion, including the writing or filling of a prescription for any purpose that is intended to result in an abortion.' The physician must also provide a statement about 'abortion pill reversal' and retain the signed patient agreement. Separately, IC 16-18-2-1.6 defines 'abortion inducing drug' broadly. Pending SB 236 (2026, passed Senate only) would add a civil-bounty mechanism allowing private suits against those who manufacture, distribute, mail, prescribe, or possess abortion-inducing drugs, with minimum damages of $100,000.

*Sources — Verified at source · High confidence · Ind. Code § 16-34-2-1(a)(1) final paragraph, subsection (a)(1), final paragraph, [FindLaw](https://codes.findlaw.com/in/title-16-health/in-code-sect-16-34-2-1) · Ind. Code § 16-34-2-1(d), subsection (d), [FindLaw](https://codes.findlaw.com/in/title-16-health/in-code-sect-16-34-2-1)*

**Editor's note.** Federal FDA preemption arguments regarding mifepristone access (under FDA REMS) have not been litigated in Indiana. The FDA permits certified pharmacies to dispense mifepristone, but Indiana's physician-only, in-person consumption requirement conflicts with this federal framework. This conflict has not been resolved by any Indiana or Seventh Circuit court.

### Self managed

**Mother exempt; not criminalized**

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.

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.

> "The following sections of this chapter do not apply to a pregnant woman who terminates her own pregnancy or kills a fetus that she is carrying: (1) Section 1 (murder). (2) Section 3 (voluntary manslaughter). (3) Section 4 (involuntary manslaughter). (4) Section 6 (feticide)."
> — Ind. Code § 35-42-1-6.5(b)

**Legal analysis**

Indiana follows the majority approach of exempting the pregnant woman from criminal liability. IC 35-42-1-6.5(b) states that the homicide statutes (murder, voluntary manslaughter, involuntary manslaughter, feticide) 'do not apply to a pregnant woman who terminates her own pregnancy or kills a fetus that she is carrying.' IC 35-41-3-12(a) provides an affirmative defense to 'any crime involving the death of or injury to a fetus that the defendant was a pregnant woman who committed the unlawful act with the intent to terminate her pregnancy.' IC 16-34-2-7 (the abortion penalty statute) criminalizes only the performer, not the recipient. IC 16-34-2-7(d)-(e) specifically provide that a woman upon whom a partial-birth or dismemberment abortion is performed 'may not be prosecuted for violating or conspiring to violate' those sections. No Indiana statute criminalizes self-managed abortion by the pregnant woman. The practical risk is therefore nearly zero from state criminal law. Federal law (Comstock Act) could theoretically reach mailing of pills but Indiana does not itself criminalize the pregnant woman's actions.

*Sources — Verified at source · High confidence · Ind. Code § 35-42-1-6.5(b), subsection (b), [FindLaw](https://codes.findlaw.com/in/title-35-criminal-law-and-procedure/in-code-sect-35-42-1-6-5) · Ind. Code § 35-41-3-12(a), subsection (a), [Justia](https://law.justia.com/codes/indiana/title-35/article-41/chapter-3/section-35-41-3-12) · Ind. Code § 16-34-2-7(d)-(e), subsections (d), (e), [Justia](https://law.justia.com/codes/indiana/title-16/article-34/chapter-2/section-16-34-2-7)*

**Editor's note.** While the pregnant woman is exempt from state criminal prosecution, she could theoretically face federal exposure for controlled-substance or mail-fraud theories, though this is unprecedented and unlikely.

## Actors

### Who may perform

**Physician-only; hospital or ASC required**

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.

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.

> "the abortion is performed by the physician in a hospital licensed under IC 16-21 or an ambulatory outpatient surgical center...that has a majority ownership by a hospital licensed under IC 16-21"
> — Ind. Code § 16-34-2-1(a)(1)(B)

**Legal analysis**

IC 16-34-2-1(a)(1)(B) requires that abortion be 'performed by the physician in a hospital licensed under IC 16-21 or an ambulatory outpatient surgical center...that has a majority ownership by a hospital licensed under IC 16-21.' For abortions after viability/20 weeks, the facility must be a hospital (IC 16-34-2-1(a)(3)(C)). SEA 1 eliminated the statutory authorization for abortion clinic licensure, meaning facilities that previously operated as licensed abortion clinics can no longer provide abortion services. IC 16-34-2-1.1(a)(1) allows a physician assistant, APRN, or certified nurse midwife to provide the mandatory informed consent information 18 hours before the abortion, if the responsibility has been delegated by the physician who will perform the abortion, but the procedure itself must be performed by a physician. There is no federal injunction affecting the physician-only or facility requirements.

*Sources — Verified at source · High confidence · Ind. Code § 16-34-2-1(a)(1)(B), subsection (a)(1)(B), [FindLaw](https://codes.findlaw.com/in/title-16-health/in-code-sect-16-34-2-1)*

### Criminal civil exposure

#### Pregnant woman

**Expressly exempt from prosecution**

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.

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.

> "The following sections of this chapter do not apply to a pregnant woman who terminates her own pregnancy or kills a fetus that she is carrying..."
> — Ind. Code § 35-42-1-6.5(b)

**Legal analysis**

Three independent statutory protections shield the pregnant woman: (1) IC 16-34-2-7 criminalizes only 'a person who knowingly or intentionally performs an abortion'—the recipient is not within its scope. (2) IC 35-42-1-6.5(b) exempts her from murder, voluntary manslaughter, involuntary manslaughter, and feticide. (3) IC 35-41-3-12(a) gives her an affirmative defense 'to any crime involving the death of or injury to a fetus that the defendant was a pregnant woman who committed the unlawful act with the intent to terminate her pregnancy.' No Indiana civil liability statute targets the pregnant woman for obtaining an abortion.

*Sources — Verified at source · High confidence · Ind. Code § 35-42-1-6.5(b), subsection (b), [FindLaw](https://codes.findlaw.com/in/title-35-criminal-law-and-procedure/in-code-sect-35-42-1-6-5) · Ind. Code § 35-41-3-12(a), subsection (a), [Justia](https://law.justia.com/codes/indiana/title-35/article-41/chapter-3/section-35-41-3-12)*

#### Physician

**Level 5 felony; 1-6 years**

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.

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.

> "Except as provided in subsections (b) and (c), a person who knowingly or intentionally performs an abortion prohibited by section 1 of this chapter commits a Level 5 felony."
> — Ind. Code § 16-34-2-7(a)

**Legal analysis**

IC 16-34-2-7(a): 'Except as provided in subsections (b) and (c), a person who knowingly or intentionally performs an abortion prohibited by section 1 of this chapter commits a Level 5 felony.' Under IC 35-50-2-6, a Level 5 felony carries a sentence of 1-6 years imprisonment and a fine of up to $10,000. A physician who performs an abortion without required parental consent commits a Class A misdemeanor (up to 1 year, up to $5,000 fine). A person who performs an abortion without complying with the informed consent requirements of IC 16-34-2-1.1 commits a Class A infraction (civil fine only). Additionally, the Medical Licensing Board may suspend or revoke the physician's license. The physician also faces licensing consequences under IC 25-1-9 for conviction of a crime related to the practice of medicine.

*Sources — Verified at source · High confidence · Ind. Code § 16-34-2-7(a), subsection (a), [Justia](https://law.justia.com/codes/indiana/title-16/article-34/chapter-2/section-16-34-2-7)*

#### Prescriber pharmacist

**Felony exposure for unlawful prescription**

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.

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.

> "Telehealth and telemedicine may not be used to provide any abortion, including the writing or filling of a prescription for any purpose that is intended to result in an abortion."
> — Ind. Code § 16-34-2-1(d)

**Legal analysis**

IC 16-34-2-1 restricts abortion performance and prescription to physicians. The general criminal provision at IC 16-34-2-7(a) reaches 'a person who knowingly or intentionally performs an abortion,' and 'performs' is construed to include prescribing or dispensing an abortion-inducing drug. IC 16-34-2-1(d) expressly prohibits using telehealth to fill any prescription 'for any purpose that is intended to result in an abortion.' A pharmacist who fills an out-of-state telehealth prescription for mifepristone knowing that the patient is in Indiana would thus violate the statute. General accomplice liability under IC 35-41-2-4 would also attach to anyone who knowingly aids in the commission of the offense. The specific penalty for a pharmacist intentionally prescribing to cause abortion has been described as felony-level, though the exact grading depends on whether the pharmacist's conduct falls under IC 16-34-2-7(a) (Level 5 felony) or another provision.

*Sources — Verified at source · High confidence · Ind. Code § 16-34-2-1(d), subsection (d), [FindLaw](https://codes.findlaw.com/in/title-16-health/in-code-sect-16-34-2-1) · Ind. Code § 16-34-2-7(a), subsection (a), [Justia](https://law.justia.com/codes/indiana/title-16/article-34/chapter-2/section-16-34-2-7)*

#### Nurses and staff

**Accomplice liability possible**

Nurses and clinical staff who knowingly assist an illegal abortion face accomplice liability under general Indiana criminal law.

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.

> "A person who knowingly or intentionally aids, induces, or causes another person to commit an offense commits that offense..."
> — Ind. Code § 35-41-2-4

**Legal analysis**

IC 35-41-2-4 provides that 'a person who knowingly or intentionally aids, induces, or causes another person to commit an offense commits that offense.' Thus, clinical staff who knowingly assist in an abortion performed outside the exceptions face the same Level 5 felony exposure as the performing physician. IC 16-34-1-4 provides conscience protections—no person shall be required to 'participate in an abortion procedure'—but this is a shield against compelled participation, not a safe harbor for those who voluntarily assist in an illegal procedure. The practical risk for clinical staff depends on prosecutorial discretion; no prosecutions of clinical staff have been publicly reported.

*Sources — Semi-verified · High confidence · Ind. Code § 35-41-2-4, [Justia](https://law.justia.com/codes/indiana/title-35/article-41/chapter-2/section-35-41-2-4)*

**Editor's note.** No reported prosecutions of clinical staff under this theory in Indiana as of July 2026. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

#### Other helpers

**Civil and criminal exposure for helpers**

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.

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.

> "A person may not knowingly or intentionally aid or assist an unemancipated pregnant minor in obtaining an abortion without the consent required by section 4 of this chapter."
> — Ind. Code § 16-34-2-4.2(c)

**Legal analysis**

General accomplice liability under IC 35-41-2-4 applies to any person who knowingly aids an illegal abortion, with the same Level 5 felony exposure as the principal. Additionally, IC 16-34-2-4.2(c) specifically prohibits knowingly or intentionally aiding an unemancipated pregnant minor in obtaining an abortion without the required parental consent. IC 16-34-2-4.2(d) creates civil liability to the minor and her parent for compensation for physical or emotional injury, attorney's fees, court costs, and punitive damages. IC 16-34-2-4.2(g) exempts parents, stepparents, grandparents, and siblings from this civil liability. Notably, the Seventh Circuit has permanently enjoined enforcement of this statute insofar as it prohibits providing information about out-of-state abortion access (Planned Parenthood of Ind. & Ky., Inc. v. Comm'r, No. 1:17-cv-01636 (S.D. Ind. May 1, 2024)), on First Amendment grounds. Indiana has no general 'abortion trafficking' statute for adults.

*Sources — Verified at source · High confidence · Ind. Code § 16-34-2-4.2(c), subsection (c), [Justia](https://law.justia.com/codes/indiana/title-16/article-34/chapter-2/section-16-34-2-4-2) · Ind. Code § 35-41-2-4, [Justia](https://law.justia.com/codes/indiana/title-35/article-41/chapter-2/section-35-41-2-4)*

**Editor's note.** The First Amendment injunction limits enforcement of IC 16-34-2-4.2(c) against providing information about out-of-state abortion access. The scope of the injunction against the 'aiding or assisting' language more broadly is the subject of ongoing litigation.

## Aiding & assisting

### Travel assistance

**Risky for minors; unclear for adults**

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.

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.

**Legal analysis**

Indiana has no 'abortion trafficking' statute comparable to Idaho's or Tennessee's for adults. IC 16-34-2-4.2(c) prohibits aiding a minor in obtaining abortion without parental consent, which could encompass facilitating out-of-state travel. However, the Southern District of Indiana permanently enjoined this provision 'insofar as it would prohibit persons...from disseminating to minors any information regarding legal abortion practices in states other than Indiana' on First Amendment grounds (Planned Parenthood of Ind. & Ky., Inc. v. Comm'r, No. 1:17-cv-01636, May 1, 2024). The injunction does not protect physical transportation—only speech. For adults, general accomplice liability under IC 35-41-2-4 would require an underlying Indiana crime; since an adult obtaining legal abortion out of state commits no Indiana crime, the accomplice theory fails.

*Sources — Verified at source · Medium confidence · Ind. Code § 16-34-2-4.2(c), subsection (c), [Justia](https://law.justia.com/codes/indiana/title-16/article-34/chapter-2/section-16-34-2-4-2) · Planned Parenthood of Ind. & Ky., Inc. v. Comm'r, Ind. State Dep't of Health, No. 1:17-cv-01636 (S.D. Ind. May 1, 2024), slip op. at 2, [Courthouse News](https://www.courthousenews.com/wp-content/uploads/2024/05/planned-parenthood-indiana-free-speech-ruling.pdf)*

**Editor's note.** The exact scope of the First Amendment injunction—whether it reaches all 'aiding and assisting' or only information-dissemination—merits re-checking before publication.

### Funding

**No direct criminal prohibition; accomplice risk**

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.

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.

**Legal analysis**

No Indiana statute directly addresses funding of abortion or abortion travel. General accomplice liability (IC 35-41-2-4) requires an underlying Indiana offense. Paying for an out-of-state legal abortion does not aid an Indiana crime, so accomplice liability should not attach. Paying for an in-state illegal abortion could constitute accomplice liability, though the same statute exempts parents from civil liability for aiding a minor (IC 16-34-2-4.2(g)). The Indiana Attorney General has not publicly targeted abortion funds or employer reimbursement programs. The potential risk is therefore low but not zero.

*Sources — Semi-verified · Medium confidence · Ind. Code § 35-41-2-4, [Justia](https://law.justia.com/codes/indiana/title-35/article-41/chapter-2/section-35-41-2-4)*

**Editor's note.** No reported prosecutions of abortion funders in Indiana. This is an untested area of law. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

### Mailing pills

**Prohibited; potential felony**

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.

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.

> "as used in this subdivision, 'in person' does not include the use of telehealth or telemedicine services."
> — Ind. Code § 16-34-2-1(a)(1) final paragraph

**Legal analysis**

IC 16-34-2-1(a)(1) requires that a physician dispense abortion-inducing drugs in person and that 'in person does not include the use of telehealth or telemedicine services.' IC 16-34-2-1(d) further prohibits using telehealth 'for any purpose that is intended to result in an abortion,' including 'the writing or filling of a prescription.' These provisions effectively prohibit mailing abortion medication into Indiana. SB 236 (2026 Indiana Senate, passed 35-10) would add a private civil enforcement mechanism with statutory damages of at least $100,000 for manufacturing, distributing, mailing, prescribing, or possessing abortion-inducing drugs. SB 236 has not yet passed the House or been signed. Federal law (the Comstock Act, 18 U.S.C. §§ 1461-1462) also independently prohibits mailing any article designed to produce abortion, though the Department of Justice under the current administration has taken varying positions on its enforceability.

*Sources — Verified at source · High confidence · Ind. Code § 16-34-2-1(a)(1) final paragraph, subsection (a)(1) final paragraph, [FindLaw](https://codes.findlaw.com/in/title-16-health/in-code-sect-16-34-2-1) · Indiana SB 236 (2026), [Indiana Capital Chronicle](https://indianacapitalchronicle.com/2026/01/28/indiana-abortion-inducing-drug-ban-passes-senate-heads-to-house)*

**Editor's note.** FDA preemption arguments regarding the mifepristone REMS have not been litigated in Indiana courts. The conflict between FDA-authorized mail-order dispensing and Indiana's in-person requirement is unresolved.

### Providing information

**Protected speech; injunction in force**

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.

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.

> "our court preliminarily enjoined enforcement of the aid-or-assist statute insofar as it would prohibit persons...from disseminating to minors any information regarding legal abortion practices in states other than Indiana"
> — Planned Parenthood of Ind. & Ky., Inc. v. Comm'r, Ind. State Dep't of Health, No. 1:17-cv-01636 (S.D. Ind. May 1, 2024)

**Legal analysis**

In Planned Parenthood of Indiana & Kentucky, Inc. v. Commissioner of the Indiana State Department of Health, No. 1:17-cv-01636 (S.D. Ind. May 1, 2024), the court permanently enjoined IC 16-34-2-4.2(c) 'insofar as it would prohibit persons...from disseminating to minors any information regarding legal abortion practices in states other than Indiana on grounds that the statute likely violated the First Amendment's free speech guarantee.' The court reasoned that truthful, non-misleading speech about lawful out-of-state activity is protected under the First Amendment. This injunction is a final judgment and does not appear to have been appealed. For adults, no comparable restriction on information-sharing exists.

*Sources — Semi-verified · High confidence · Planned Parenthood of Ind. & Ky., Inc. v. Comm'r, Ind. State Dep't of Health, No. 1:17-cv-01636 (S.D. Ind. May 1, 2024), slip op. at 2, [Courthouse News](https://www.courthousenews.com/wp-content/uploads/2024/05/planned-parenthood-indiana-free-speech-ruling.pdf)*

**Editor's note.** Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

### Civil bounty

**No bounty law in force; SB 236 pending**

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.

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.

**Legal analysis**

No SB8-style civil bounty law is currently in effect in Indiana. SB 236 (2026), which passed the Senate 35-10 on January 28, 2026, would create a private civil cause of action allowing 'any person' to sue those who manufacture, distribute, mail, prescribe, or possess abortion-inducing drugs in violation of the ban, with minimum statutory damages of $100,000 per violation. The bill expressly excludes the pregnant woman from civil liability. It would also allow the Indiana Attorney General to bring civil actions. The bill has been referred to the House but has not been enacted as of July 2026. Without enactment, there is no civil bounty mechanism in Indiana law.

*Sources — Semi-verified · Medium confidence · Indiana SB 236 (2026), [Indiana Capital Chronicle / ACLU of Indiana](https://indianacapitalchronicle.com/2026/01/28/indiana-abortion-inducing-drug-ban-passes-senate-heads-to-house)*

**Editor's note.** SB 236's future is uncertain as of July 2026. Re-check status before publication. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

## Procedural requirements

### Waiting period

**18-hour mandatory waiting period**

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.

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.

> "At least eighteen (18) hours before the abortion and in the private, not group, presence of the pregnant woman, the physician who is to perform the abortion...has informed the pregnant woman orally and in writing..."
> — Ind. Code § 16-34-2-1.1(a)(1)

**Legal analysis**

IC 16-34-2-1.1(a)(1) requires that 'at least eighteen (18) hours before the abortion and in the private, not group, presence of the pregnant woman,' the physician or delegated provider must orally and in writing inform the woman of the detailed scripted information listed in subsections (1)(A)-(L). The same 18-hour period applies to the provision of additional information under subsection (a)(2) (public benefits, paternal support obligations, adoption, physical risks, safe haven law, etc.). The informed consent brochure must also be provided 18 hours before. This 18-hour period functionally requires two in-person visits. IC 16-34-2-1.1 does not explicitly state that the counseling visit must be separate from any other required visit.

*Sources — Verified at source · High confidence · Ind. Code § 16-34-2-1.1(a)(1), subsection (a)(1), [FindLaw](https://codes.findlaw.com/in/title-16-health/in-code-sect-16-34-2-1-1)*

### Mandatory counseling

**State-scripted, medically contested**

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.'

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.

> "Some evidence suggests that effects of Mifespristone may be avoided, ceased, or reversed if the second pill, Misoprostol, has not been taken."
> — Ind. Code § 16-34-2-1.1(a)(1)(C)

**Legal analysis**

IC 16-34-2-1.1(a)(1) mandates that the physician or delegated provider inform the woman of specified information, including: (C) a statement about 'abortion inducing drug reversal' that 'Some evidence suggests that effects of Mifespristone may be avoided, ceased, or reversed if the second pill, Misoprostol, has not been taken'; (E) 'That human physical life begins when a human ovum is fertilized by a human sperm'; (G) 'That objective scientific information shows that a fetus can feel pain at or before twenty (20) weeks of postfertilization age'; (K) that Indiana prohibits abortion based on race, color, national origin, ancestry, sex, or diagnosis of Down syndrome or disability. IC 16-34-2-1.1(a)(4) requires providing a state-developed color informed consent brochure. IC 16-34-2-1.5 requires the Indiana Department of Health to develop and post this brochure. The 'abortion reversal' claim and fetal-pain claim are not supported by the American College of Obstetricians and Gynecologists or the American Medical Association.

*Sources — Verified at source · High confidence · Ind. Code § 16-34-2-1.1(a)(1)(C), subsection (a)(1)(C), [FindLaw](https://codes.findlaw.com/in/title-16-health/in-code-sect-16-34-2-1-1)*

**Editor's note.** The compelled speech requirements have not been challenged as a First Amendment violation in Indiana since Dobbs. The abortion-reversal claim is discredited by ACOG.

### Ultrasound requirement

**Mandatory ultrasound; viewing optional**

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.

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.

> "the provider shall perform, and the pregnant woman shall view, the fetal ultrasound imaging and hear the auscultation of the fetal heart tone if the fetal heart tone is audible unless the pregnant woman certifies in writing...that the pregnant woman: (A) does not want to view the fetal ultrasound imaging; and (B) does not want to listen to the auscultation of the fetal heart tone"
> — Ind. Code § 16-34-2-1.1(a)(5)

**Legal analysis**

IC 16-34-2-1.1(a)(5) provides: 'At least eighteen (18) hours before an abortion is performed and at the same time that the pregnant woman receives the information required by subdivision (1), the provider shall perform, and the pregnant woman shall view, the fetal ultrasound imaging and hear the auscultation of the fetal heart tone if the fetal heart tone is audible unless the pregnant woman certifies in writing...that the pregnant woman: (A) does not want to view the fetal ultrasound imaging; and (B) does not want to listen to the auscultation of the fetal heart tone if the fetal heart tone is audible.' An ultrasound image must be provided 'at no charge' if the woman chooses to view it. IC 16-34-2-1.1(a)(3)(B) requires the woman to certify whether she viewed or refused to view the ultrasound. The ultrasound report must be included in the patient file (IC 16-34-2-1.1(d)). This is a 'mandatory performed, optional display' regime.

*Sources — Verified at source · High confidence · Ind. Code § 16-34-2-1.1(a)(5), subsection (a)(5), [FindLaw](https://codes.findlaw.com/in/title-16-health/in-code-sect-16-34-2-1-1)*

### In person visits

**Two in-person visits required**

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.

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.

> "At least eighteen (18) hours before the abortion and in the private, not group, presence of the pregnant woman..."
> — Ind. Code § 16-34-2-1.1(a)(1)

**Legal analysis**

IC 16-34-2-1.1(a)(1) and (a)(5) require the provision of counseling and performance of ultrasound 'at least eighteen (18) hours before the abortion.' IC 16-34-2-1(a)(1) requires that a physician 'examine a pregnant woman in person before prescribing or dispensing an abortion inducing drug' and 'dispense the abortion inducing drug in person and have the pregnant woman consume the drug in the presence of the physician.' IC 16-34-2-1(d) prohibits telehealth. These provisions together mandate at least two in-person visits: one for the required pre-procedure counseling and ultrasound, and a second for the abortion procedure itself. The medical emergency exception (IC 16-34-2-4(k)) waives the waiting period requirements in an emergency.

*Sources — Verified at source · High confidence · Ind. Code § 16-34-2-1.1(a)(1), subsection (a)(1), [FindLaw](https://codes.findlaw.com/in/title-16-health/in-code-sect-16-34-2-1-1)*

## Minors

### Parental involvement

**Consent of one parent; judicial bypass**

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.

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.

> "No physician shall perform an abortion on an unemancipated pregnant minor less than eighteen (18) years of age without first having obtained from one (1) of the parents, a legal guardian, or a custodian...the notarized written consent..."
> — Ind. Code § 16-34-2-4(b)

**Legal analysis**

IC 16-34-2-4(b) requires a physician to obtain from one parent, legal guardian, or custodian: '(1) the notarized written consent...; (2) government issued proof of identification...; and (3) some evidence...that provides an articulable basis for a reasonably prudent person to believe that the person is the parent or legal guardian or custodian.' IC 16-34-2-4(a) exempts minors pregnant as a result of rape or incest by a parent, guardian, or custodian. IC 16-34-2-4(k) waives all requirements in a medical emergency to avert the minor's death or substantial and irreversible impairment of a major bodily function, with physician certification. IC 16-34-2-4(m) makes it a Level 6 felony to falsely claim parentage to circumvent the consent requirement. The parental consent requirement also applies to the rape/incest exception timeframe under IC 16-34-2-1(a)(2)(B).

*Sources — Verified at source · High confidence · Ind. Code § 16-34-2-4(b), subsection (b), [Justia](https://law.justia.com/codes/indiana/title-16/article-34/chapter-2/section-16-34-2-4)*

### Judicial bypass

**Available; 48-hour decision deadline**

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.

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.

> "The requirement of parental consent under this section shall be waived by the juvenile court if the court finds that the minor is mature enough to make the abortion decision independently or that an abortion would be in the minor's best interests."
> — Ind. Code § 16-34-2-4(f)

**Legal analysis**

IC 16-34-2-4(c) allows a minor to petition the juvenile court 'by next friend' for a waiver of parental consent and notification. IC 16-34-2-4(d) allows a physician to petition on behalf of the minor. IC 16-34-2-4(f) requires the juvenile court to rule within 48 hours. The standard for waiver of consent is that 'the minor is mature enough to make the abortion decision independently or that an abortion would be in the minor's best interests.' For notification, the court waives the requirement if 'obtaining an abortion without parental notification is in the best interests of the unemancipated pregnant minor.' IC 16-34-2-4(g) requires the court to appoint an attorney at county expense. IC 16-34-2-4(h) provides for expedited appeal under Supreme Court rules. IC 16-34-2-4(i) makes all records confidential. IC 16-34-2-4(j) exempts the minor from filing fees. These provisions appear to comply with the federal constitutional requirements established in Bellotti v. Baird, 443 U.S. 622 (1979), and Planned Parenthood v. Casey, 505 U.S. 833 (1992).

*Sources — Verified at source · High confidence · Ind. Code § 16-34-2-4(f), subsection (f), [Justia](https://law.justia.com/codes/indiana/title-16/article-34/chapter-2/section-16-34-2-4)*

## Paternal spousal rights

### Consent or notice laws

**No spousal consent or notice law**

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.

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.

> "That the father of the unborn fetus is legally required to assist in the support of the child. In the case of rape, the information required under this clause may be omitted."
> — Ind. Code § 16-34-2-1.1(a)(2)(B)

**Legal analysis**

No Indiana statute conditions abortion on spousal or paternal consent or notification. IC 16-34-2-1.1(a)(2)(B) requires that the pregnant woman be informed that 'the father of the unborn fetus is legally required to assist in the support of the child,' but this is purely informational and may be omitted in cases of rape. Any spousal-consent statute would be unconstitutional under Planned Parenthood v. Danforth, 428 U.S. 52 (1976), and Planned Parenthood v. Casey, 505 U.S. 833 (1992), which held such requirements unconstitutional. Whether Dobbs reopens this question is unsettled, but as Indiana has no such statute on its books, the question is academic here.

*Sources — No law on this point · High confidence · Ind. Code § 16-34-2-1.1(a)(2)(B), subsection (a)(2)(B), [FindLaw](https://codes.findlaw.com/in/title-16-health/in-code-sect-16-34-2-1-1)*

### Enforceability

**Not applicable; no law to enforce**

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.

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.

**Legal analysis**

Indiana has no spousal or paternal consent/notice statute. The enforceability question under Planned Parenthood v. Danforth, 428 U.S. 52 (1976), and Planned Parenthood v. Casey, 505 U.S. 833 (1992) is not applicable. Dobbs v. Jackson Women's Health Org., 142 S. Ct. 2228 (2022), potentially reopens the question of whether spousal-consent laws are constitutionally permissible, but Indiana has not enacted any such law in the post-Dobbs era.

*Sources — No law on this point · High confidence*

### Other paternal rights

**No fetal wrongful death; child support noted**

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.

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.

> "only children born alive fall under Indiana's Child Wrongful Death Statute"
> — Bolin v. Wingert, 764 N.E.2d 201 (Ind. 2002)

**Legal analysis**

In Bolin v. Wingert, 764 N.E.2d 201 (Ind. 2002), the Indiana Supreme Court held that 'only children born alive fall under Indiana's Child Wrongful Death Statute' (IC 34-23-2-1), foreclosing fetal wrongful-death claims. The Indiana Court of Appeals reaffirmed this in Horn v. Hendrickson, 824 N.E.2d 690 (Ind. Ct. App. 2005), even for a viable fetus. Legislative attempts to amend the Child Wrongful Death Statute to cover unborn children have repeatedly failed. No Indiana court has recognized a common-law right of a putative father to enjoin an abortion, and such a claim would be inconsistent with Indiana's statutory framework. The informed-consent requirement at IC 16-34-2-1.1(a)(2)(B) is purely informational. Pending SB 236 (2026) would allow 'the mother or father of an unborn child' to bring a wrongful-death action for death caused by abortion-inducing drugs, but this bill has not been enacted.

*Sources — Semi-verified · High confidence · Bolin v. Wingert, 764 N.E.2d 201 (Ind. 2002), [Justia](https://law.justia.com/cases/indiana/supreme-court/2001/03110102-rts.html) · Ind. Code § 34-23-2-1, [FindLaw](https://codes.findlaw.com/in/title-34-civil-law-and-procedure/in-code-sect-34-23-2-1)*

**Editor's note.** SB 236's provision allowing wrongful-death actions for unborn children killed by abortion-inducing drugs would, if enacted, create a direct conflict with Bolin v. Wingert. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

## Fetal personhood

### Fetal homicide law

**Feticide, at any stage; mother exempt**

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.

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).

> "A person who knowingly or intentionally terminates a human pregnancy with an intention other than to produce a live birth or to remove a dead fetus commits feticide, a Level 3 felony."
> — Ind. Code § 35-42-1-6

**Legal analysis**

IC 35-42-1-6(b) makes feticide a Level 3 felony (3-16 years, fine up to $10,000) for 'a person who knowingly or intentionally terminates a human pregnancy with an intention other than to produce a live birth or to remove a dead fetus.' IC 35-42-1-6(a) exempts three classes: '(1) the pregnant mother whose pregnancy is terminated; (2) a person who in good faith provides medical treatment to a pregnant woman that results in the accidental or unintentional termination of the pregnancy; or (3) a physician licensed under IC 25-22.5 who, upon the request of a pregnant woman, performs a medical procedure to terminate her pregnancy, even if the procedure is not authorized under IC 16-34-2-1.' Exemption (3) is particularly notable: it immunizes any physician who performs an abortion at the woman's request from feticide liability, even if the abortion was unlawful under the abortion ban. The feticide statute thus does not serve as an alternative charging mechanism for illegal abortion; it targets third-party violence against pregnant women. IC 35-42-1-6.5(a) separately exempts lawful abortions from murder and manslaughter charges. The fetus is protected 'at any stage of development,' making this one of the broadest fetal-homicide laws in the country.

*Sources — Verified at source · High confidence · Ind. Code § 35-42-1-6, subsection (b), [Justia](https://law.justia.com/codes/indiana/title-35/article-42/chapter-1/section-35-42-1-6)*

**Editor's note.** The feticide exemption for physicians performing unauthorized abortions (IC 35-42-1-6(a)(3)) creates a notable gap: a physician who performs an illegal abortion could not be charged with feticide, only with the lesser offense of unlawful abortion.

### Wrongful death

**No fetal wrongful-death claim**

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.

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.

> "only children born alive fall under Indiana's Child Wrongful Death Statute"
> — Bolin v. Wingert, 764 N.E.2d 201 (Ind. 2002)

**Legal analysis**

Bolin v. Wingert, 764 N.E.2d 201 (Ind. 2002): the Indiana Supreme Court held that 'only children born alive fall under Indiana's Child Wrongful Death Statute,' IC 34-23-2-1. This was reaffirmed in Horn v. Hendrickson, 824 N.E.2d 690 (Ind. Ct. App. 2005), even for a viable six-month fetus. Multiple legislative attempts to extend the statute to cover unborn children (at viability or at any stage) have failed, most recently in 2009. The pending SB 236 (2026) would create a wrongful-death cause of action specific to death caused by abortion-inducing drugs, but it has not been enacted. As of July 2026, there is no civil wrongful-death claim for an unborn child in Indiana.

*Sources — Semi-verified · High confidence · Bolin v. Wingert, 764 N.E.2d 201 (Ind. 2002), [Indiana Supreme Court via Justia](https://law.justia.com/cases/indiana/supreme-court/2001/03110102-rts.html)*

**Editor's note.** SB 236 would, if enacted, create a fetal-wrongful-death cause of action for death caused by abortion-inducing drugs, conflicting with Bolin. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

### Personhood definition

**Personhood language in multiple statutes**

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.

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.

> "That human physical life begins when a human ovum is fertilized by a human sperm."
> — Ind. Code § 16-34-2-1.1(a)(1)(E)

**Legal analysis**

Indiana has no statutory or constitutional definition explicitly making the unborn a 'person,' but personhood concepts pervade the code: IC 16-34-2-1.1(a)(1)(E) mandates that physicians inform women 'That human physical life begins when a human ovum is fertilized by a human sperm'; IC 16-34-2-1.1(a)(1)(G) states that 'objective scientific information shows that a fetus can feel pain at or before twenty (20) weeks of postfertilization age'; IC 16-34-4-6 prohibits abortion based on the fetus's race, sex, or disability diagnosis; IC 16-34-2-1.1(b) uses the term 'unborn child' throughout; and IC 35-42-1-6 protects fetuses from third-party violence 'at any stage of development.' However, no provision defines the unborn as a 'person' for all purposes, and the express mother exemption (IC 35-42-1-6.5(b)), the existence of lawful abortion exceptions (IC 16-34-2-1(a)), and the physician exemption in the feticide statute (IC 35-42-1-6(a)(3)) all demonstrate that the unborn is not treated as a full legal person under Indiana law.

*Sources — Verified at source · High confidence · Ind. Code § 16-34-2-1.1(a)(1)(E), subsection (a)(1)(E), [FindLaw](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 & interstate questions

### Telehealth prescribing

**Telehealth for abortion is banned**

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.

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.

> "Telehealth and telemedicine may not be used to provide any abortion, including the writing or filling of a prescription for any purpose that is intended to result in an abortion."
> — Ind. Code § 16-34-2-1(d)

**Legal analysis**

IC 16-34-2-1(a)(1) states that 'in person' 'does not include the use of telehealth or telemedicine services.' IC 16-34-2-1(d) states: 'Telehealth and telemedicine may not be used to provide any abortion, including the writing or filling of a prescription for any purpose that is intended to result in an abortion.' This applies regardless of where the prescribing physician is located; the statute reaches any abortion performed on a person in Indiana. An out-of-state physician who prescribes abortion medication via telemedicine to an Indiana resident thus violates Indiana law and could be subject to criminal prosecution, though extradition and jurisdictional issues create practical enforcement barriers. The FDA's mifepristone REMS currently permits certified pharmacies to dispense mifepristone, creating a direct conflict with Indiana's in-person requirement, but this conflict has not been litigated.

*Sources — Verified at source · High confidence · Ind. Code § 16-34-2-1(d), subsection (d), [FindLaw](https://codes.findlaw.com/in/title-16-health/in-code-sect-16-34-2-1)*

**Editor's note.** FDA preemption arguments regarding the mifepristone REMS, which authorizes telemedicine prescribing and pharmacy dispensing, have not been litigated in Indiana.

### Out of state travel

**Travel not prohibited; minor assistance restricted**

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).

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.

**Legal analysis**

Indiana has no criminal statute prohibiting or penalizing out-of-state travel for abortion by adults. The general ban at IC 16-34-2-1 applies to abortions 'performed' in Indiana. No 'abortion trafficking' statute comparable to Idaho Code § 18-622 or Tenn. Code § 39-15-217 exists in Indiana for adults. For minors, IC 16-34-2-4.2(c) could be read to cover facilitating out-of-state travel, but the First Amendment injunction in Planned Parenthood of Ind. & Ky., Inc. v. Comm'r, No. 1:17-cv-01636 (S.D. Ind. 2024), limits its scope. The Indiana Attorney General has not publicly taken a position on the legality of adult out-of-state travel. Under the constitutional right to travel recognized in Saenz v. Roe, 526 U.S. 489 (1999), any criminalization of purely out-of-state conduct would face serious constitutional obstacles.

*Sources — Verified at source · Medium confidence · Ind. Code § 16-34-2-1, [FindLaw](https://codes.findlaw.com/in/title-16-health/in-code-sect-16-34-2-1)*

**Editor's note.** No Indiana court has addressed the extraterritorial reach of the abortion ban. The constitutional right to travel may limit any attempt to criminalize out-of-state conduct.

### Shield or hostile laws

**No shield law; hostile-legislation pending**

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.

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.

**Legal analysis**

Indiana has no shield statute comparable to those in Illinois, California, or New York. IC 16-34-2-1(d) and IC 16-34-2-1(a)(1) target out-of-state telemedicine prescribers. SB 236 (2026, passed Senate) would allow private suits against manufacturers, distributors, and prescribers regardless of their location, creating an aggressive interstate-enforcement posture. The Indiana Attorney General has supported amicus briefs in federal abortion litigation (e.g., in the EMTALA cases) and brought enforcement actions related to abortion reporting. This makes Indiana a 'hostile' state from an interstate-abortion perspective rather than a shield state.

*Sources — Verified at source · High confidence · Ind. Code § 16-34-2-1(d), [FindLaw](https://codes.findlaw.com/in/title-16-health/in-code-sect-16-34-2-1)*

## Funding and insurance

### Medicaid

**Hyde Amendment only**

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.

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.

**Legal analysis**

Indiana adheres to the federal Hyde Amendment restrictions on Medicaid funding. The state does not appropriate state-only funds to cover abortions beyond the Hyde categories. Furthermore, IC 5-22-17-5.5 (enacted 2011) prohibits state agencies from contracting with or making grants to entities that perform abortions or maintain facilities where abortions are performed, effectively defunding abortion providers from all state-administered funding streams. This statute was partially invalidated by the Seventh Circuit in Planned Parenthood of Ind., Inc. v. Comm'r of the Ind. State Dep't of Health, 699 F.3d 962 (7th Cir. 2012), which held that Indiana could not deny traditional Medicaid funding to abortion providers. However, the state may restrict state-only funds from such providers. Hospitals and ambulatory surgical centers are exempted from the defunding provision.

*Sources — Semi-verified · High confidence · Ind. Code § 5-22-17-5.5, [National Health Law Program](https://healthlaw.org/resource/indiana-law-threatens-medicaid-services-updated) · Planned Parenthood of Ind., Inc. v. Comm'r of the Ind. State Dep't of Health, 699 F.3d 962 (7th Cir. 2012), [Justia](https://law.justia.com/cases/federal/appellate-courts/ca7/11-2464/11-2464-2012-10-23.html)*

**Editor's note.** The federal Hyde Amendment applies via the annual HHS appropriations rider, not Indiana statute. The Hyde Amendment's status as of July 2026 should be verified. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

### Private insurance

**Coverage banned except for exceptions**

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.

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.

> "An accident and sickness insurance policy that is issued, delivered, amended, or renewed after December 31, 2014, may not provide coverage for abortion, except in the following cases: (1) The pregnant woman became pregnant through an act of rape or incest. (2) An abortion is necessary to avert the pregnant woman's death or a substantial and irreversible impairment of a major bodily function of the pregnant woman."
> — Ind. Code § 27-8-13.4-2

**Legal analysis**

IC 27-8-13.4-2(a) states: 'An accident and sickness insurance policy that is issued, delivered, amended, or renewed after December 31, 2014, may not provide coverage for abortion, except in the following cases: (1) The pregnant woman became pregnant through an act of rape or incest. (2) An abortion is necessary to avert the pregnant woman's death or a substantial and irreversible impairment of a major bodily function of the pregnant woman.' IC 27-8-13.4-2(b) permits insurers to offer abortion coverage through a rider or endorsement, meaning employers and individuals can purchase separate abortion coverage at additional cost.

*Sources — Verified at source · High confidence · Ind. Code § 27-8-13.4-2, subsection (a), [Justia](https://law.justia.com/codes/indiana/title-27/article-8/chapter-13-4/section-27-8-13-4-2)*

### Exchange plans

**ACA exchange plans banned from coverage**

Qualified health plans offered through Indiana's ACA marketplace may not cover abortion unless it is permitted under the state ban's exceptions.

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.

> "A qualified health plan...offered under Subtitle D of Title 1 of the federal Patient Protection and Affordable Care Act...may not provide coverage for abortion, unless the abortion is permitted under IC 16-34-2-1."
> — Ind. Code § 16-34-1-8

**Legal analysis**

IC 16-34-1-8 provides: 'A qualified health plan...offered under Subtitle D of Title 1 of the federal Patient Protection and Affordable Care Act...may not provide coverage for abortion, unless the abortion is permitted under IC 16-34-2-1.' Because IC 16-34-2-1 permits abortion only in four narrow circumstances, exchange-plan coverage is correspondingly limited. This restriction applies in addition to the general private-insurance restriction (IC 27-8-13.4-2) and the HMO restriction (IC 27-13-7-7.5).

*Sources — Verified at source · High confidence · Ind. Code § 16-34-1-8, Sec. 8, [Justia](https://law.justia.com/codes/indiana/title-16/article-34/chapter-1/section-16-34-1-8)*

### State funding of providers

**Abortion providers defunded**

Indiana prohibits state contracts and grants with entities that perform abortions, even with non-state funds; hospitals and ambulatory surgical centers are exempt.

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.

**Legal analysis**

IC 5-22-17-5.5 (enacted 2011 as HEA 1210) prohibits any state agency from entering into a contract with or making a grant to 'any entity that performs abortions or maintains or operates a facility in which abortions are performed.' It also terminates existing contracts and grants. Hospitals and ambulatory surgical centers are exempted. In Planned Parenthood of Ind., Inc. v. Comm'r of the Ind. State Dep't of Health, 699 F.3d 962 (7th Cir. 2012), the Seventh Circuit held that federal Medicaid law preempts this statute as applied to Medicaid funding because Medicaid beneficiaries have a free-choice-of-provider right. However, the state may apply the defunding provision to state-only funds. With the end of the federal Hyde Amendment prohibition on Medicaid abortion funding (reported July 2026), Planned Parenthood advocated for restoration of Medicaid funding access, but the state defunding provision remains in effect for state-only funds.

*Sources — Semi-verified · High confidence · Ind. Code § 5-22-17-5.5, [ACLU via National Health Law Program](https://healthlaw.org/resource/indiana-law-threatens-medicaid-services-updated)*

**Editor's note.** The 2026 end of the federal Hyde Amendment may alter the Medicaid funding landscape; Indiana's response should be monitored. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

## Penalties

| Actor | Offense | Penalty | Verification |
| --- | --- | --- | --- |
| 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 | Verified at source |
| 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 | Verified at source |
| 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 | Verified at source |
| Third party (feticide) | Feticide under IC 35-42-1-6(b) | Level 3 felony: 3-16 years imprisonment, fine up to $10,000 | Verified at source |
| 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 | Verified at source |
| Person aiding minor without consent | Civil liability for aiding minor in obtaining abortion without parental consent under IC 16-34-2-4.2 | Civil damages including compensation for physical/emotional injury, attorney's fees, court costs, punitive damages | Verified at source |
| Pregnant woman | None; expressly exempt from all criminal liability | None | Verified at source |

## Recent changes

- **June 24, 2022** — 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 — Dobbs v. Jackson Women's Health Org., 142 S. Ct. 2228 (2022), [U.S. Supreme Court](https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf)*
- **August 5, 2022** — 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 — Senate Enrolled Act 1, 2022 Special Session (codified as amended in IC 16-34), [Indiana General Assembly](https://iga.in.gov/legislative/2022ss1/bills/senate/1)*
- **September 22, 2022** — Marion Superior Court issues preliminary injunction blocking SEA 1, halting enforcement of the ban while constitutional challenge proceeds.
  *Sources — Planned Parenthood Great Nw. v. Members of the Med. Licensing Bd. of Ind., No. 49D01-2209-PL-030756 (Marion Super. Ct. Sept. 22, 2022), [State Court Report](https://statecourtreport.org/case-tracker/members-medical-licensing-board-indiana-v-planned-parenthood-great-northwest)*
- **December 2, 2022** — Marion Superior Court grants second preliminary injunction in separate RFRA-based class action, further blocking enforcement against religious plaintiffs.
  *Sources — Anonymous Plaintiffs 1-5 v. Individual Members of the Med. Licensing Bd. of Ind., No. 49D01-2209-PL-031056 (Marion Super. Ct. Dec. 2, 2022), [Indiana Capital Chronicle](https://indianacapitalchronicle.com/2022/12/02/judge-grants-rfra-based-preliminary-injunction-against-abortion-ban)*
- **June 30, 2023** — 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 — Members of the Med. Licensing Bd. of Ind. v. Planned Parenthood Great Nw., 211 N.E.3d 937 (Ind. 2023), [Indiana Supreme Court via Justia](https://law.justia.com/cases/indiana/supreme-court/2023/22s-pl-00338.html)*
- **August 21, 2023** — 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 — Ind. Code § 16-34-2-1 (effective Aug. 21, 2023), [FindLaw](https://codes.findlaw.com/in/title-16-health/in-code-sect-16-34-2-1)*
- **April 4, 2024** — Indiana Court of Appeals affirms preliminary injunction and class certification in RFRA-based challenge to abortion ban.
  *Sources — Individual Members of the Med. Licensing Bd. of Ind. v. Anonymous Plaintiff 1, No. 22A-PL-2938 (Ind. Ct. App. Apr. 4, 2024), [State Court Report](https://statecourtreport.org/case-tracker/individual-members-medical-licensing-board-indiana-v-anonymous-plaintiff-1)*
- **May 1, 2024** — 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 — Planned Parenthood of Ind. & Ky., Inc. v. Comm'r, Ind. State Dep't of Health, No. 1:17-cv-01636 (S.D. Ind. May 1, 2024), [Courthouse News](https://www.courthousenews.com/wp-content/uploads/2024/05/planned-parenthood-indiana-free-speech-ruling.pdf)*
- **January 8, 2025** — SB 171 introduced in 2025 session: would ban abortion-inducing drugs outright, require rape affidavit, and expand reporting. Bill did not pass.
  *Sources — Indiana SB 171 (2025), [LegiScan](https://legiscan.com/IN/bill/SB0171/2025)*
- **August 11, 2025** — 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 — Planned Parenthood Great Nw. v. Members of the Med. Licensing Bd. of Ind., No. 24A-PL-2467 (Ind. Ct. App. Aug. 11, 2025), [State Court Report](https://statecourtreport.org/sites/default/files/2025-08/court_of_appeals_of_indiana-opinion.pdf)*
- **January 28, 2026** — 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 — Indiana SB 236 (2026), [Indiana Capital Chronicle](https://indianacapitalchronicle.com/2026/01/28/indiana-abortion-inducing-drug-ban-passes-senate-heads-to-house)*
- **March 5, 2026** — 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 — Anonymous Plaintiffs 1-5 v. Individual Members of the Med. Licensing Bd. of Ind., No. 49D01-2209-PL-031056 (Marion Super. Ct. Mar. 5, 2026), [State Court Report](https://statecourtreport.org/case-tracker/individual-members-medical-licensing-board-indiana-v-anonymous-plaintiff-1)*
- **June 29, 2026** — 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 — Planned Parenthood Great Nw. v. Members of the Med. Licensing Bd. of Ind., No. 24A-PL-2467 (transfer denied June 29, 2026), [The Indiana Lawyer](https://www.theindianalawyer.com/articles/indiana-supreme-court-declines-to-review-planned-parenthoods-challenge-to-states-abortion-law)*

## Pending changes

### Individual Members of the Medical Licensing Board of Indiana v. Anonymous Plaintiff 1 (RFRA appeal) (Litigation)

**Status.** 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. If affirmed, a certified class of Hoosiers with sincerely held religious beliefs requiring abortion will have a permanent religious exemption from the ban.

*Sources — Individual Members of the Med. Licensing Bd. of Ind. v. Anonymous Plaintiff 1, Ind. Sup. Ct. (direct transfer granted 2026), [The Indiana Lawyer](https://www.theindianalawyer.com/articles/indiana-supreme-court-to-hear-religious-freedom-case-involving-states-near-total-abortion-ban)*

### Indiana SB 236 (2026) — Abortion-inducing drug ban with civil bounty enforcement (Legislation)

**Status.** 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. 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 — Indiana SB 236 (2026), [Indiana Capital Chronicle](https://indianacapitalchronicle.com/2026/01/28/indiana-abortion-inducing-drug-ban-passes-senate-heads-to-house)*

## Key authorities

- **SEA 1 / SB 1 — Near-Total Abortion Ban** — Ind. Code § 16-34-2-1 _(Statute)_ · [codes.findlaw.com/in/title-16-health/…](https://codes.findlaw.com/in/title-16-health/in-code-sect-16-34-2-1)
  The operative near-total ban: declares abortion a criminal act except under four narrow exceptions and establishes all procedural and facility requirements.
- **Abortion Definition** — Ind. Code § 16-18-2-1 _(Statute)_ · [law.justia.com/codes/indiana/title…](https://law.justia.com/codes/indiana/title-16/article-18/chapter-2/section-16-18-2-1)
  Defines what conduct constitutes 'abortion' and therefore what the ban reaches; carves out removal of a dead fetus (miscarriage management).
- **Serious Health Risk Definition** — Ind. Code § 16-18-2-327.9 _(Statute)_ · [law.justia.com/codes/indiana/title…](https://law.justia.com/codes/indiana/title-16/article-18/chapter-2/section-16-18-2-327-9)
  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.
- **Indiana Supreme Court uphold of ban** — Members of the Med. Licensing Bd. of Ind. v. Planned Parenthood Great Nw., 211 N.E.3d 937 (Ind. 2023) _(Case)_ · [law.justia.com/cases/indiana/supre…](https://law.justia.com/cases/indiana/supreme-court/2023/22s-pl-00338.html)
  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.
- **Unlawful Abortion Penalty** — Ind. Code § 16-34-2-7 _(Statute)_ · [law.justia.com/codes/indiana/title…](https://law.justia.com/codes/indiana/title-16/article-34/chapter-2/section-16-34-2-7)
  Establishes criminal penalties: Level 5 felony for unlawful abortion, Class A misdemeanor for parental-consent violation, and mother-exemption for partial-birth/dismemberment procedures.
- **Feticide and Mother Exemption** — Ind. Code §§ 35-42-1-6 and 35-42-1-6.5 _(Statute)_ · [law.justia.com/codes/indiana/title…](https://law.justia.com/codes/indiana/title-35/article-42/chapter-1/section-35-42-1-6)
  Establishes fetal homicide as a Level 3 felony while expressly exempting the pregnant woman, and exempts lawful abortion from homicide statutes.
- **Mother's Defense to Fetal Crimes** — Ind. Code § 35-41-3-12 _(Statute)_ · [law.justia.com/codes/indiana/title…](https://law.justia.com/codes/indiana/title-35/article-41/chapter-3/section-35-41-3-12)
  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.
- **Informed Consent and 18-Hour Wait** — Ind. Code § 16-34-2-1.1 _(Statute)_ · [codes.findlaw.com/in/title-16-health/…](https://codes.findlaw.com/in/title-16-health/in-code-sect-16-34-2-1-1)
  Imposes mandatory 18-hour waiting period, state-scripted counseling, mandatory ultrasound, and 'abortion pill reversal' statement.
- **Parental Consent and Judicial Bypass** — Ind. Code § 16-34-2-4 _(Statute)_ · [law.justia.com/codes/indiana/title…](https://law.justia.com/codes/indiana/title-16/article-34/chapter-2/section-16-34-2-4)
  Requires notarized parental consent for minors with government ID and proof of relationship; provides judicial bypass with 48-hour decision deadline.
- **Aiding Minors Without Consent** — Ind. Code § 16-34-2-4.2 _(Statute)_ · [law.justia.com/codes/indiana/title…](https://law.justia.com/codes/indiana/title-16/article-34/chapter-2/section-16-34-2-4-2)
  Creates civil liability for aiding a minor in obtaining an abortion without parental consent; partially enjoined on First Amendment grounds for information-sharing.
- **Insurance Coverage Ban** — Ind. Code § 27-8-13.4-2 _(Statute)_ · [law.justia.com/codes/indiana/title…](https://law.justia.com/codes/indiana/title-27/article-8/chapter-13-4/section-27-8-13-4-2)
  Prohibits private insurance coverage for abortion except in limited exceptions; permits separate rider.
- **Provider Defunding Law** — Ind. Code § 5-22-17-5.5 _(Statute)_ · [healthlaw.org/resource/indiana-la…](https://healthlaw.org/resource/indiana-law-threatens-medicaid-services-updated)
  Prohibits state contracts and grants with entities that perform abortions; partially preempted as to Medicaid funding by the Seventh Circuit.
- **RFRA Permanent Injunction** — Anonymous Plaintiffs 1-5 v. Individual Members of the Med. Licensing Bd. of Ind., Marion Super. Ct. (Mar. 5, 2026) _(Case)_ · [statecourtreport.org/case-tracker/indivi…](https://statecourtreport.org/case-tracker/individual-members-medical-licensing-board-indiana-v-anonymous-plaintiff-1)
  Currently blocks enforcement of the abortion ban against a certified class whose religious beliefs require abortion; on direct appeal to the Indiana Supreme Court.
- **First Amendment Injunction — Information About Out-of-State Abortion** — Planned Parenthood of Ind. & Ky., Inc. v. Comm'r, No. 1:17-cv-01636 (S.D. Ind. May 1, 2024) _(Case)_ · [courthousenews.com/wp-content/uploads/…](https://www.courthousenews.com/wp-content/uploads/2024/05/planned-parenthood-indiana-free-speech-ruling.pdf)
  Permanently enjoins Indiana from punishing dissemination of information about out-of-state abortion access to minors on First Amendment grounds.
- **Fetal Wrongful Death Rejection** — Bolin v. Wingert, 764 N.E.2d 201 (Ind. 2002) _(Case)_ · [law.justia.com/cases/indiana/supre…](https://law.justia.com/cases/indiana/supreme-court/2001/03110102-rts.html)
  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. Analysis current as of July 12, 2026; research completed July 12, 2026. 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. Unresolved points: 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..