Oklahoma has some of the most restrictive abortion laws in the United States. These laws changed significantly after federal decisions gave states more authority over abortion access. This article explains Oklahoma’s abortion rules, who can perform abortions, when they are allowed, and the penalties for breaking these laws.
Current Statutory Provisions
Oklahoma’s abortion laws create a near-total ban. The main law in effect is Oklahoma Statutes Title 21, Section 861, a statute from 1910 that was reactivated after the Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision.1Justia Law. Oklahoma Statutes §21-861 (2024) – Procuring an Abortion This law makes performing or inducing an abortion a felony, with a very limited exception. While other abortion-related laws exist, the 1910 ban is the most significant. The state’s Public Health Code also specifies that it should not be interpreted as creating or recognizing a right to abortion.
The legal definition of abortion in Oklahoma Statutes Title 63, Section 1-730 is “the use or prescription of any instrument, medicine, drug, or any other substance or device intentionally to terminate the pregnancy of a female.”2Justia Law. Oklahoma Statutes §63-1-730 (2024) – Definitions This does not include removing an already deceased fetus or managing an ectopic pregnancy. State law also clarifies that abortion statutes do not apply to contraceptives or sterilization.3Oklahoma Attorney General. Drummond Issues Opinion, Guidance on State Abortion Laws (November 2023)
Although newer laws like Senate Bill 612 (2022) and House Bill 4327 also aimed to restrict abortion, the reactivated 1910 law is the primary basis for the current near-total ban.
Some older requirements still apply, including a mandatory 72-hour waiting period after counseling (which doesn’t have to be in-person) before an abortion. Minors need parental consent and notice.4Justia Law. Oklahoma Statutes §63-1-740.2 (2024) – Parental Consent for Minors’ Abortion If medication abortion is allowed, it requires an in-person visit for the first dose; mailing abortion pills to patients is banned.5Justia Law. Oklahoma Statutes §63-1-729a (2024) – Sale or Distribution of RU-486
In November 2023, the Oklahoma Attorney General issued an opinion stating that a pregnant person cannot be charged with a crime for seeking or performing an abortion on themselves.6Oklahoma Attorney General. Attorney General Opinion 2023-12 (State Abortion Laws)
Exceptions
Oklahoma’s abortion laws permit the procedure in very limited situations. The main exception, under the 1910 law, allows an abortion only when “necessary to preserve her life.” Medical professionals must establish this necessity.
Newer laws, like Senate Bill 612 (2022), also allow an exception only for medical emergencies to save the pregnant woman’s life.7LegiScan. Oklahoma SB 612 (2022) – Bill Text This does not include situations where life is endangered by a psychological or emotional condition. House Bill 4327 (2022) has a similar life-saving exception, defining a medical emergency as a condition requiring an immediate abortion to prevent death or serious, irreversible harm to a major bodily function.8LegiScan. Oklahoma HB 4327 (2022) – Bill Text However, the 1910 criminal ban is the overriding law.
Importantly, Oklahoma’s abortion laws do not have exceptions for pregnancies resulting from rape or incest. Abortions are only legally allowed if the pregnant person’s physical life is at immediate risk, as determined by doctors.
Enforcement Process
State and local law enforcement, with guidance from the Oklahoma Attorney General, enforce Oklahoma’s abortion laws. The Attorney General has emphasized that the 1910 statute, which makes performing or inducing an abortion a felony, is enforceable. Law enforcement agencies investigate and can prosecute anyone performing or assisting in an abortion that doesn’t meet the narrow legal exception.
Some newer laws, like House Bill 4327, tried to allow private citizens to sue those who perform or “aid or abet” an abortion. However, the Oklahoma Supreme Court found parts of these civil enforcement measures unconstitutional.9Oklahoma Supreme Court. Oklahoma Call for Reproductive Justice v. Drummond (2023) Criminal laws are therefore the main enforcement tool. The Attorney General’s office has advised that prosecution should target those performing or helping with unlawful abortions, not the individuals seeking or having them.
Enforcement starts with a law enforcement investigation, which can be triggered by reports or complaints. If there’s enough evidence of a violation, the case goes to the local district attorney, who decides on criminal charges.
Penalties for Non-Compliance
Breaking Oklahoma’s abortion laws leads to serious legal consequences, mainly felony charges. The 1910 law states that anyone who administers, prescribes, advises, or procures an abortion not necessary to save the pregnant woman’s life is guilty of a felony. This is punishable by two to five years in prison.
Newer laws, like Senate Bill 612, have even harsher penalties for performing or trying to perform an abortion. This includes fines up to $100,000, up to ten years in prison, or both. SB 612 also clarifies that a woman cannot be charged with a crime for the death of her own unborn child related to an abortion.
These laws mean that individuals performing abortions outside the very limited legal exception can face long prison sentences and large fines. The criminal penalties under the 1910 law and SB 612 are substantial.
Provider Licensure Rules
Only physicians licensed in Oklahoma can perform an abortion. State law also specifies that a physician performing an abortion must be board-certified in obstetrics and gynecology, although this requirement has faced legal challenges.
The State Board of Medical Licensure and Supervision and the State Board of Osteopathic Examiners are responsible for physician licensing. These boards can discipline doctors who break state laws, including suspending or revoking their licenses. Performing an illegal abortion can be considered “unprofessional conduct,” leading to such disciplinary actions.10Justia Law. Oklahoma Statutes §59-509.1 (2024) – Medical Disciplinary Actions These boards investigate complaints and enforce compliance with Oklahoma’s abortion laws.
Required Reporting
Oklahoma law requires detailed reporting for all abortions. Physicians who perform abortions must submit these reports to the Oklahoma State Department of Health.
Under Oklahoma Statutes Title 63, Section 1-738, a physician must file a report for each abortion within seven days. These reports are confidential and not public, but statistical information from them can be released. The reports include patient demographic information, details about the pregnancy and procedure, the patient’s obstetric history, medical reasons if the abortion was to save the mother’s life, and any complications.
While facilities where abortions occur may also have reporting duties, the main responsibility is with the physician. This collected, non-identifying statistical data is used for public health information.