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Kansas
Laws in Detail

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Kansas

Post-Viability Abortion Restriction

Kansas' post-viability abortion restriction states that no abortion may be provided after viability unless the attending physician and another financially and legally independent physician determine that an abortion is necessary to preserve the woman's life or continuation of the pregnancy would cause a "substantial and irreversible impairment of a major bodily function" of the woman.  Kan. Stat. Ann. § 65-6703(a) (Enacted 1992; Last Amended 1998).  The Kansas attorney general has interpreted this exception to include mental health. Op. Kan. Att'y. Gen. 2000-020.

In addition, Kansas bans the provision of certain post-viability procedures (not including the suction curettage procedure, suction aspiration procedure, and certain dilation and evacuation procedures).  Kan. Stat. Ann. § 65-6721 (Enacted 1998).  This ban states that performance of certain post-viability procedures is a felony, unless the physician and another legally and financially independent physician determine that the abortion is necessary to preserve the woman's life or that continuation of the pregnancy would cause a "substantial and irreversible impairment of a major physical or mental function" of the woman.

NARAL Pro-Choice America supports the legal framework established in Roe v. Wade and does not oppose restrictions on post-viability abortions so long as they contain adequate exceptions to protect the woman's life and health.  NARAL Pro-Choice America opposes Kansas' post-viability restrictions because the health exceptions are dangerously narrow.

96 percent of Kansas counties have no abortion provider
 

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Source: Guttmacher Institute

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