Planned Parenthood challenges Indiana protections for unborn

A Planned Parenthood lawsuit challenging an Indiana law protecting nearly all unborn babies was scheduled to go before a judge on Wednesday, according to the American Civil Liberties Union. The lawsuit argues that Indiana’s current protections for unborn babies fail to adequately protect pregnant mothers who may be at risk of death or serious bodily injury.

What are the state’s current laws? Generally, Indiana state law protects unborn babies from the moment of conception.  There are three exceptions. One involves a situation in which the mother's life or health is at risk, in which case the unborn child can be killed before the point of viability of the baby or 22 weeks after the mother's last menstrual period, whichever comes first. The second exception is when the baby is diagnosed with a lethal fetal abnormality, in which case the unborn child can be killed anytime before the 22nd week after the mother's last menstrual period. The third and final exception involves a pregnancy conceived through rape or incest. In that case, the law permits an abortion anytime before the 12th week after the mother's last menstrual period.

Additionally, the law prohibits abortionists from prescribing abortion drugs for a pregnant mother to take off-site after eight weeks of pregnancy. Instead, it requires that the abortionist provide the drug to the woman personally and ensure that she takes the drugs in the abortionist’s presence. The law requires that any abortions that meet the exceptions must be performed at a qualified hospital. Doctors who violate Indiana’s laws protecting unborn babies are liable to lose their medical licenses.

Have there been previous challenges to this law? The Indiana Supreme Court last year struck down a preliminary injunction against the law’s enforcement, which Planned Parenthood had initially requested and obtained after the state’s abortion law took effect in 2022. The court ruled that Article 1, Section 1 of Indiana’s constitution recognizes a right to life and ruled that women have the right to protect their own lives from death during pregnancy through an abortion. But the court ruled that the Indiana legislature could pass a law protecting unborn babies who didn’t threaten the lives of their mothers.

What is Planned Parenthood challenging about this law now? The Planned Parenthood lawsuit at issue in the trial scheduled for Wednesday alleges that the law is vague about what qualifies as a reasonable threat of serious medical harm. As a result, fewer physicians are willing to kill unborn children via abortion until it may already be too late for the mother to survive the pregnancy, according to the lawsuit.

Dig deeper: Read Liz Lykins’ report in Liberties about how New York’s highest court ruled last week that employers pay for “medically necessary” abortions.