Current through the 2024 Regular Session
Section 18-8804 - ABORTION FOLLOWING DETECTION OF A FETAL HEARTBEAT PROHIBITED(1) A person may not perform an abortion on a pregnant woman when a fetal heartbeat has been detected, except in the case of a medical emergency, in the case of rape as defined in section 18-6101, Idaho Code, or in the case of incest as described in section 18-6601, Idaho Code. In the case of rape or incest: (a) If the woman is not a minor or subject to guardianship, then, prior to the performance of the abortion, the woman has reported the act of rape or incest to a law enforcement agency and provided a copy of such report to the physician who is to perform the abortion; or(b) If the woman is a minor or subject to guardianship, then, prior to the performance of the abortion, the woman or her parent or guardian has reported the act of rape or incest to a law enforcement agency or child protective services and a copy of such report have been provided to the physician who is to perform the abortion.(2) Nothing in this section recognizes a right to abortion before a fetal heartbeat is detected.[18-8704 [18-8804], added 2021 , ch. 289, sec. 1 , p. 868.]Amended by 2022 Session Laws, ch. 124, sec. 19, eff. 7/1/2022.Renumbered and amended by 2022 Session Laws, ch. 152, sec. 3, eff. 4/22/2022.Renumbered by 2022 Session Laws, ch. 111, sec. 10, eff. 7/1/2022.