State Legal Snapshot
Abortion law, status, and enforcement — one-page reference
Kansas protects abortion as a fundamental state constitutional right and generally permits it through 22 weeks from LMP, with post-viability limits and multiple statutory restrictions — some enjoined.
Hodes & Nauser, MDs v. Schmidt, 309 Kan. 610, 440 P.3d 461 (2019) · K.S.A. 65-6723(f)
Kansas law contains deep internal contradictions on fetal personhood. K.S.A. 65-6732 declares that life begins at fertilization and that unborn children possess 'all the rights, privileges and immunities available to other persons,' and K.S.A. 21-5419 defines an unborn child as 'a living individual organism . . . at any stage of gestation from fertilization to birth' for homicide purposes.
K.S.A. 21-5419(a)(2) · K.S.A. 65-6732(b)
Unemancipated minors must obtain notarized written consent from both parents (or the custodial parent) before an abortion, unless waived by a court through judicial bypass or in a medical emergency.
Kansas has no statute requiring spousal consent or spousal notification for abortion; such a law would be unconstitutional under Planned Parenthood v. Danforth, 428 U.S. 52 (1976).
| Actor | Offense | Penalty |
|---|---|---|
| Physician — post-viability violation | Performing abortion on viable unborn child without compliance with K.S.A. 65-6703 | First conviction: class A nonperson misdemeanor (up to 1 year jail, fine); subsequent: severity level 10 nonperson felony (5–9 months prison); plus license discipline |
| Physician — pain-capable unborn child violation | Performing abortion on unborn child at 22 weeks LMP or more in violation of K.S.A. 65-6724 | First conviction: class A person misdemeanor (up to 1 year jail, fine); subsequent: severity level 10 person felony; plus license discipline |
| Physician — medication in-person requirement violation | Violating K.S.A. 65-4a10(b) (in-person medication administration) | Unprofessional conduct under K.S.A. 65-2837; license may be revoked, suspended, or limited by Board of Healing Arts |
| Physician — partial-birth abortion | Performing partial-birth abortion on viable unborn child without documented referral and life/health determination | First conviction: class A person misdemeanor; subsequent: severity level 10 person felony; plus license discipline |
| Physician — sex-selection abortion | Performing abortion knowing it is sought solely based on sex of unborn child | First conviction: class A person misdemeanor; subsequent: severity level 10 person felony; plus civil damages, statutory damages of 3x cost of abortion, and attorney fees |
Hodes & Nauser v. Kobach, No. 23CV03140 (Johnson County District Court)
Litigation · Trial concluded October 17, 2025; post-trial briefing and final decision pending.
A ruling for the plaintiffs could permanently strike down the 24-hour waiting period, the abortion-pill-reversal mandate, biased state-scripted counseling including contested medical claims, and the requirement to report patients' reasons for seeking abortion.
Aria Medical Clinic LLC v. Kansas Board of Nursing (Shawnee County District Court)
Litigation · Complaint filed April 22, 2025; state's motion to dismiss denied December 2025; discovery and merits briefing underway.
If successful, APRNs would be permitted to prescribe medication abortion, significantly expanding the pool of abortion providers in Kansas and potentially allowing abortion care at more rural and underserved locations.
SB 174 / HB 2171 — 'Abolish Abortion Kansas Act' (2025–2026 Session)
Legislation · Introduced; referred to committees. Not expected to pass given the constitutional protection and Democratic governor.
If enacted (extremely unlikely), it would criminalize all abortion in Kansas, directly conflict with the Kansas Supreme Court's Hodes I strict-scrutiny holding, and almost certainly be enjoined immediately.
Established that section 1 of the Kansas Constitution Bill of Rights protects a fundamental right to personal autonomy that includes the right to abortion, subject to strict scrutiny — the foundational authority for all Kansas abortion law.
Permanently struck down the D&E dismemberment ban (SB 95) under the strict-scrutiny standard, holding the state failed to show the ban was narrowly tailored to a compelling interest.
Permanently struck down the abortion-facility licensure TRAP laws (K.S.A.
Defines 'abortion,' 'medical emergency,' 'viable,' 'pregnant,' and other operative terms; carves out ectopic pregnancy, miscarriage management, and contraception.
Prohibits abortion after viability except for life or substantial/irreversible physical impairment of a major bodily function, with two-physician referral requirement; includes the mother-exemption and civil-remedy provisions.
Generated from the structured legal focused deep-research record for KS (research completed 2026-07-12). This snapshot condenses a much larger sourced dataset — full citations, quoted statutory text, and plain-language explanations are in the full Kansas survey. This document has not been reviewed by a lawyer and should not be used as legal advice.