Okla. Stat. tit. 63, § 63-1-745.55

This is the official text of Okla. Stat. tit. 63, § 63-1-745.55, 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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Private civil actions

Official statutory text

A. Any person, other than the state, its political

subdivisions, and any officer or employee of a state or local

governmental entity in this state, may bring a civil action against

any person who:

1. Performs or induces an abortion in violation of this act;

2. Knowingly engages in conduct that aids or abets the

performance or inducement of an abortion, including paying for or

reimbursing the costs of an abortion through insurance or otherwise,

Oklahoma Statutes - Title 63. Public Health and Safety Page 413

if the abortion is performed or induced in violation of this act,

regardless of whether the person knew or should have known that the

abortion would be performed or induced in violation of this act; or

3. Intends to engage in the conduct described by paragraph 1 or

2 of this subsection.

B. If a claimant prevails in an action brought under this

section, the court shall award:

1. Injunctive relief sufficient to prevent the defendant from

violating this act or engaging in acts that aid or abet violations

of this act;

2. Statutory damages in an amount of not less than Ten Thousand

Dollars ($10,000.00) for each abortion that the defendant performed

or induced in violation of this act, and for each abortion performed

or induced in violation of this act that the defendant aided or

abetted;

3. Nominal and compensatory damages if the plaintiff has

suffered harm from the defendant's conduct, including but not

limited to loss of consortium and emotional distress; and

4. Court costs and attorney fees.

C. Notwithstanding subsection B of this section, a court shall

not award relief under paragraph 2 or 4 of subsection B of this

section in response to a violation of paragraph 1 or 2 of subsection

A of this section if the defendant demonstrates that a court has

already ordered the defendant to pay not less than Ten Thousand

Dollars ($10,000.00) of statutory damages as provided in paragraph 2

of subsection B of this section in a previous action for that

particular abortion performed or induced in violation of this act,

or for the particular conduct that aided or abetted an abortion

performed or induced in violation of this act.

D. Notwithstanding any other law, a person may bring an action

under this section not later than six (6) years after the date the

cause of action accrues.

E. Notwithstanding any other law, the following are not a

defense to an action brought under this section:

1. Ignorance or mistake of law;

2. A defendant's belief that the requirements of this act are

unconstitutional or were unconstitutional;

3. A defendant's reliance on any court decision that has been

overruled on appeal or by a subsequent court, even if that court

decision had not been overruled when the defendant engaged in

conduct that violates this act;

4. A defendant's reliance on any state or federal court

decision that is not binding on the court in which the action has

been brought;

5. Nonmutual issue preclusion or nonmutual claim preclusion;

6. The consent of the unborn child's mother to the abortion; or

Oklahoma Statutes - Title 63. Public Health and Safety Page 414

7. Any claim that the enforcement of this act or the imposition

of civil liability against the defendant will violate the

constitutional rights of third parties, except as provided by

Section 6 of this act.

F. 1. It is an affirmative defense if a person sued under

paragraph 2 or 3 of subsection A of this section reasonably

believed, after conducting a reasonable investigation, that the

individuals and organizations involved with performing or

facilitating the abortion would comply with this act.

2. The defendant has the burden of proving an affirmative

defense under paragraph 1 of this subsection by a preponderance of

the evidence.

G. This section shall not be construed to impose liability on

any speech or conduct protected by the First Amendment of the United
n, that the

individuals and organizations involved with performing or

facilitating the abortion would comply with this act.

2. The defendant has the burden of proving an affirmative

defense under paragraph 1 of this subsection by a preponderance of

the evidence.

G. This section shall not be construed to impose liability on

any speech or conduct protected by the First Amendment of the United

States Constitution, as made applicable to the states through the

United States Supreme Court's interpretation of the Fourteenth

Amendment of the United States Constitution, or by Section 3 or 22

of Article II of the Oklahoma Constitution.

H. 1. Notwithstanding any other law, neither the state, nor

any of its political subdivisions, nor any district attorney, nor

any executive or administrative officer or employee of this state or

a political subdivision may:

a. act in concert or participation with anyone who brings

suit under this section,

b. establish or attempt to establish any type of agency

or fiduciary relationship with a plaintiff who brings

suit under this section,

c. make any attempt to control or influence a plaintiff's

decision to bring suit under this section or the

plaintiff's conduct of the litigation, or

d. intervene in an action brought under this section.

2. This subsection shall not prohibit a person or entity

described by this subsection from filing an amicus curiae brief in

the action, so long as that person or entity does not act in concert

or participation with the plaintiff or plaintiffs who sue under this

section or violate any provision of paragraph 1 of this subsection.

I. Notwithstanding any other law, a court shall not award court

costs or attorney fees to a defendant in an action brought under

this section.

J. Notwithstanding any other law, a civil action under this

section shall not be subject to any provision of the Oklahoma

Citizens Participation Act, Section 1430 et seq. of Title 12 of the

Oklahoma Statutes, and shall not be subject to any provision of the

Oklahoma Religious Freedom Act, Section 251 et seq. of Title 51 of

the Oklahoma Statutes.

K. Notwithstanding any other law, a civil action under this

section may not be brought:

Oklahoma Statutes - Title 63. Public Health and Safety Page 415

1. Against the woman upon whom an abortion was performed or

induced or attempted to be performed or induced in violation of this

act, or against a pregnant woman who intends or seeks to abort her

unborn child in violation of this act;

2. Against any person or entity that performs, aids or abets,

or attempts to perform or aid or abet an abortion at the behest of

federal agencies, contractors, or employees that are carrying out

duties under federal law, if a prohibition on that abortion would

violate the doctrines of preemption or intergovernmental immunity;

3. Against any common carrier that transports a pregnant woman

to an abortion provider, if the common carrier is unaware that the

woman intends to abort her unborn child; or

4. By a person who impregnated a woman seeking an abortion

through an act of rape, sexual assault, incest, or any other act

prohibited by state law.

Status: in_force · Read it on the official government site

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About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.