Okla. Stat. tit. 63, § 63-1-732
This is the official text of Okla. Stat. tit. 63, § 63-1-732, part of Oklahoma’s Stat. tit. 63, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 63,." Browse the sections below, each linked to its official government source.
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Viable fetus - Grounds to abort - Procedure
Official statutory text
A. No person shall perform or induce an abortion upon a
pregnant woman after such time as her unborn child has become viable
unless such abortion is necessary to prevent the death of the
pregnant woman or to prevent impairment to her health.
B. An unborn child shall be presumed to be viable if more than
twenty-four (24) weeks have elapsed since the probable beginning of
the last menstrual period of the pregnant woman, based upon either
information provided by her or by an examination by her attending
physician. If it is the judgment of the attending physician that a
particular unborn child is not viable where the presumption of
viability exists as to that particular unborn child, then he shall
certify in writing the precise medical criteria upon which he has
determined that the particular unborn child is not viable before an
abortion may be performed or induced.
C. No abortion of a viable unborn child shall be performed or
induced except after written certification by the attending
physician that in his best medical judgment the abortion is
necessary to prevent the death of the pregnant woman or to prevent
an impairment to her health. The physician shall further certify in
writing the medical indications for such abortion and the probable
health consequences if the abortion is not performed or induced.
D. The physician who shall perform or induce an abortion upon a
pregnant woman after such time as her unborn child has become viable
shall utilize the available method or technique of abortion most
likely to preserve the life and health of the unborn child, unless
he shall first certify in writing that in his best medical judgment
such method or technique shall present a significantly greater
danger to the life or health of the pregnant woman than another
available method or technique.
E. An abortion of a viable unborn child shall be performed or
induced only when there is in attendance a physician other than the
physician performing or inducing the abortion who shall take control
of and provide immediate medical care for the child. During the
performance or inducing of the abortion, the physician performing
it, and subsequent to it, the physician required by this section to
be in attendance, shall take all reasonable steps in keeping with
good medical practice, consistent with the procedure used, to
preserve the life and health of the child, in the same manner as if
the child had been born naturally or spontaneously. The requirement
of the attendance of a second physician may be waived when in the
Oklahoma Statutes - Title 63. Public Health and Safety Page 312
best judgment of the attending physician a medical emergency exists
and further delay would result in a serious threat to the life or
physical health of the pregnant woman. Provided that, under such
emergency circumstances and waiver, the attending physician shall
have the duty to take all reasonable steps to preserve the life and
health of the child before, during and after the abortion procedure,
unless such steps shall, in the best medical judgment of the
physician, present a significantly greater danger to the life or
health of the pregnant woman.
F. Any person violating subsection A of this section shall be
guilty of homicide.
pregnant woman after such time as her unborn child has become viable
unless such abortion is necessary to prevent the death of the
pregnant woman or to prevent impairment to her health.
B. An unborn child shall be presumed to be viable if more than
twenty-four (24) weeks have elapsed since the probable beginning of
the last menstrual period of the pregnant woman, based upon either
information provided by her or by an examination by her attending
physician. If it is the judgment of the attending physician that a
particular unborn child is not viable where the presumption of
viability exists as to that particular unborn child, then he shall
certify in writing the precise medical criteria upon which he has
determined that the particular unborn child is not viable before an
abortion may be performed or induced.
C. No abortion of a viable unborn child shall be performed or
induced except after written certification by the attending
physician that in his best medical judgment the abortion is
necessary to prevent the death of the pregnant woman or to prevent
an impairment to her health. The physician shall further certify in
writing the medical indications for such abortion and the probable
health consequences if the abortion is not performed or induced.
D. The physician who shall perform or induce an abortion upon a
pregnant woman after such time as her unborn child has become viable
shall utilize the available method or technique of abortion most
likely to preserve the life and health of the unborn child, unless
he shall first certify in writing that in his best medical judgment
such method or technique shall present a significantly greater
danger to the life or health of the pregnant woman than another
available method or technique.
E. An abortion of a viable unborn child shall be performed or
induced only when there is in attendance a physician other than the
physician performing or inducing the abortion who shall take control
of and provide immediate medical care for the child. During the
performance or inducing of the abortion, the physician performing
it, and subsequent to it, the physician required by this section to
be in attendance, shall take all reasonable steps in keeping with
good medical practice, consistent with the procedure used, to
preserve the life and health of the child, in the same manner as if
the child had been born naturally or spontaneously. The requirement
of the attendance of a second physician may be waived when in the
Oklahoma Statutes - Title 63. Public Health and Safety Page 312
best judgment of the attending physician a medical emergency exists
and further delay would result in a serious threat to the life or
physical health of the pregnant woman. Provided that, under such
emergency circumstances and waiver, the attending physician shall
have the duty to take all reasonable steps to preserve the life and
health of the child before, during and after the abortion procedure,
unless such steps shall, in the best medical judgment of the
physician, present a significantly greater danger to the life or
health of the pregnant woman.
F. Any person violating subsection A of this section shall be
guilty of homicide.
Status: in_force · Read it on the official government site
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