A Summary of the Laws on Abortion in Missouri

1 A Summary of the Laws on Abortion in Missouri Updated November 2021. I. INTRODUCTION. The most important rules of Abortion law have been imposed on the United States by the U. S. supreme court under the guise of interpreting the United States Constitution. The statute books merely contain regulations on Abortion that the courts have deigned to allow the people's representatives to enact so long as the constitutional right to Abortion is not unduly burdened. Part I of this Summary describes the basics of Abortion law under current supreme court decisions. No attempt is made here to predict how the supreme court will rule in the future on any of these points. Part II will describe Missouri laws that regulate different aspects of Abortion . II. BASICS OF Abortion LAW. 1. Abortion cannot be prohibited at any stage of pregnancy if health of the mother is invoked.

2 If a doctor will say that an Abortion is for the mother's health, it is legal through all nine months of pregnancy under Roe v. Wade, 410 113 (1973), and Doe v. Bolton, 410 179 (1973). For this purpose, the term, health, includes many social and psychological factors, not just physical factors that people usually associate with medical conditions. Doe v. Bolton, 410 at 192. Whether or not an unborn child is viable (except in the case of partial birth abortions), the "health of the woman" will allow an Abortion to be performed. Planned Parenthood v. Casey, 505 833, 879 (1992); Ayotte v. Planned Parenthood, 546 U. S. 320. (2006). 2. The current legal standard for constitutionality of Abortion statutes is the "undue burden" standard. Except in cases where the health of the woman is at risk, state legislatures and Congress may regulate abortions so long as the regulations do not impose an undue burden on a woman's ability to make this decision [for Abortion ].

3 Planned Parenthood v. Casey, 505. 833, 874-78 (1992). What is an undue burden ? Ultimately, what constitutes an "undue burden" depends on what a majority of the supreme court may think at any particular time. Its most recent thinking is found in this excerpt: '[A] statute which, while furthering [a] valid state interest, has the effect of placing a substantial obstacle in the path of a woman's choice cannot be considered a permissible means of serving its legitimate ends.' Casey, 505 at 877 (plurality opinion). Moreover, '[u]nnecessary health regulations that have the purpose or effect of presenting a substantial obstacle to a woman seeking an Abortion impose an undue burden on the right.' Id. at 878. Whole Women's Health v. Hellerstedt, 136 2292, 2309 (2016). -1- Hellerstedt invalidated certain Texas laws requiring that clinics meet certain health and safety standards.

4 In the absence of evidence that the regulations actually would improve the safety of abortions in Texas, and in view of the very long distances that women in some parts of Texas would have to go for an Abortion at one of the remaining open clinics, the court held that the laws constituted an undue burden to Texas women seeking Abortion . The principles of that ruling were reaffirmed in 2020 in June Medical Services v. Lee, 140 2103 (2020). 3. Only partial-birth abortions may be banned categorically. The supreme court upheld the constitutionality of the federal ban on partial-birth abortions in 2007. Gonzales v. Carhart, 550 124 (2007). Missouri prohibits partial-birth abortions. Section , RSMo. (All citations of statutes are to the Revised Statutes of Missouri ( RSMo. ) effective as of August 28, 2020, unless otherwise indicated.) With the medical profession divided on whether partial-birth abortions are ever necessary for a woman's health and in view of the availability of other late-term Abortion methods, the court found that such a ban was not an undue burden on the right to Abortion .

5 Other methods of Abortion may not be prohibited per se under current court decisions. In 2019, Missouri enacted an omnibus law (HB 126) that attempts to ban abortions at three different gestational ages (8 weeks, 14 weeks, and 18 weeks) in the hope that the courts will allow at least one. The omnibus statute also bans all abortions performed because an unborn child is diagnosed with Down Syndrome or because of race. Sections , , , , & (HB 126, 2019). These provisions of the statute were temporarily enjoined by a federal court . Reproductive Health Services of Planned Parenthood of the St. Louis Region v. Parson, case no. 2:19-cv-4155 ( Aug. 27 and Sept. 27, 2019). The State appealed, and at the time of this writing, the appeal is under submission in the U. S. court of Appeals for the Eighth Circuit. Reproductive Health Services of Planned Parenthood of the St.

6 Louis Region v. Parson, appeal no. 19-2882 (8th Cir., argued & submitted Sept. 24, 2020). A. decision may be handed down at any time. 4. Only the woman has legal rights in the Abortion decision. No one besides the pregnant woman has any legal say in whether or not an unborn child is aborted. Planned Parenthood v. Danforth, 428 52 (1976). The father of the baby, even if married to the mother, need not be told before or afterward. Planned Parenthood v. Casey, 505 833, 879. (1992). If the mother of the baby is a minor, a law may require parental consent, except that the law must contain an exception to allow the minor to go to court without notice to parents or guardians in order to obtain an order for an Abortion (the judicial bypass ). Hodgson v. Minnesota, 497 417 (1990); Ayotte v. Planned Parenthood, 546 U. S. 320 (2006). 5. Aborting Viable Children.

7 The state cannot stop the abortions of viable children if they are done to promote women's health, as noted above. Missouri 's more restrictive statute, sec. , allows abortions of viable children only if the mother's life is endangered by a physical condition or a doctor finds a serious risk of substantial and irreversible physical impairment of a major bodily function if the pregnancy continues. Although this statute is apparently more restrictive than Doe v. Bolton allows, it has not been challenged in court , so it is in effect. -2- The state cannot require that the abortionist use an Abortion method best designed to allow for a viable baby's survival because that may impinge on a woman's health. Colautti v. Franklin, 439 379 (1979). Missouri takes account of Colautti by providing that if an Abortion is performed on a third-trimester unborn child, the abortionists shall use the technique most likely to preserve the life and health of the child, unless it would present a greater risk to the life or health of the mother.

8 Section III. Missouri STATUTES REGULATING Abortion . AND court RESTRICTIONS THEREOF. Here are summaries of most pro-life laws that have been subjected to the scrutiny of federal courts. Over the years, Missouri has enacted many statutes that regulate abortions, but all are subject to the limitations described above. Space prevents offering a comprehensive list of Missouri 's Abortion laws. Interested readers may consult chapters 188, RSMo. ( Abortion ) and sections , RSMo. (ambulatory surgical centers) for more particulars. Although the list may seem lengthy, the reader should keep in mind that the general rule of Abortion jurisprudence remains unaffected by these laws: if a doctor is willing to perform the Abortion for a woman's health, however the doctor chooses to define it, then unless it is a partial-birth Abortion , it is legal through all nine months of pregnancy.

9 (See Part II above.). There is no telling whether the new makeup of the supreme court as of the end of 2020. will result in any change in the court 's "undue burden" jurisprudence outlined above. A. Permission of Parents of a Minor Before an Abortion is Performed 1. Parental permission for a teenager's Abortion may be required so long as there is an option for a judicial bypass. The permission of at least one parent (or legal guardian) is required for a minor to obtain an Abortion . Section The custodial parent is obligated to notify the other parent of the proposed Abortion if the other parent has custodial rights ( , joint custody). However, the U. S. supreme court requires that there must be an alternative in state law that allows a minor to go to court (a judicial bypass ) for an order allowing an Abortion if she does not want to involve the parents.

10 Ayotte v. Planned Parenthood, 546 U. S. 320. (2006); Hodgson v. Minnesota, 497 417 (1990); Planned Parenthood v. Ashcroft, 462 476 (1983). Missouri has adopted a judicial bypass procedure in sec. 2. The state may not require notice to parents of their daughter's judicial bypass. If a judicial bypass is utilized, the state cannot require that the minor's parents be notified of the court hearing at which the proposed Abortion will be at issue. Ashcroft, 462 at 491 3. Evading the requirements. If someone assists a minor to evade the requirements of -3- consent or bypass under sec. , he or she is liable for damages in a lawsuit by the minor's parents or legal guardians. Section B. Notice to the Baby's Father Before an Abortion is Performed 1. No consent of husband. The State cannot require a husband's permission before a wife has an Abortion . Planned Parenthood of Central Missouri v.