Late-Term Abortion Laws in Tennessee

1. What are the late-term abortion laws in Tennessee?


Abortion is illegal in Tennessee after 24 weeks of gestation, except when necessary to preserve the life or health of the mother. Tennessee also requires a waiting period of 48 hours between the initial consultation and the abortion procedure. In order to obtain an abortion after 24 weeks, a woman must obtain approval from two physicians who certify that the abortion is necessary to preserve her life or health or because the fetus has a severe and irreversible fetal abnormality.

2. Is there a gestational limit on abortions in Tennessee?


Yes, abortions are generally restricted to up to 24 weeks of gestation in Tennessee, although exceptions can be made in cases of medical emergency.

3. Is there a ban on late-term abortions in Tennessee?


Yes, there is a ban on late-term abortions in Tennessee. The state prohibits abortions after 21 weeks of pregnancy, unless the abortion is immediately necessary to prevent serious risk to the pregnant woman’s life or health.

4. Who can authorize a late-term abortion procedure in Tennessee?


In Tennessee, late-term abortion procedures can only be authorized by a licensed doctor who has the consent of two other licensed doctors. These doctors must certify that the procedure is necessary to prevent a serious risk to the mother’s health or to preserve her life.

5. How does Tennessee define a “late-term abortion”?


In Tennessee, a late-term abortion is defined as any procedure performed after 24 weeks gestation, where a viable fetus is present. This includes late-term induction abortion, late-term dilation and evacuation, and fetal partial birth abortion.

6. Are there any exceptions to late-term abortion bans in Tennessee?


No. Tennessee does not have any exceptions to its late-term abortion ban, which is one of the most restrictive in the country. The state’s ban on abortion after 20 weeks of pregnancy with no exceptions for health or fetal anomalies has been in effect since 2015.

7. Are there any parental notification laws for minors seeking abortions in Tennessee?


Yes, there are parental notification laws for minors seeking abortions in Tennessee. According to Tennessee law, a minor must obtain the consent of one parent or legal guardian before they can obtain an abortion. A minor may also request a waiver of this requirement if they can prove to a judge that they are mature and capable of giving informed consent or if the abortion is necessary to prevent the minor’s death or serious, long-term health risks.

8. What are the informed consent requirements for abortions in Tennessee?


In Tennessee, informed consent for an abortion is required under the Tennessee State Constitution. A woman must receive counseling 24 hours prior to the procedure from a licensed medical provider, either in-person or by telemedicine. The counseling must include information about the nature of the procedure, risks and alternatives to abortion, and medical assistance for childbirth. The woman must provide written consent prior to the abortion, and the medical provider must document the counseling in the woman’s medical record. The woman must also be provided with information about possible physical and psychological side effects of an abortion, as well as information about available public and private services that are designed to assist a woman through pregnancy and childbirth. There is no waiting period between the counseling session and the abortion procedure.

9. Does Tennessee require waiting periods for abortions?


Yes, Tennessee requires a 48 hour waiting period for abortions.

10. Are there any laws requiring ultrasounds before abortions in Tennessee?


Yes. In July 2020, Tennessee Governor Bill Lee signed a bill into law requiring women seeking an abortion to have an ultrasound performed and offered to them at least 24 hours prior to the procedure. This law also requires physicians to provide a description of the images seen during the ultrasound.

11. Does Tennessee have any bans on sex-selective abortions?


Yes, Tennessee has a ban on sex-selective abortions. The state passed a law in 2016 that prohibits doctors from performing abortions if the primary reason is sex selection.

12. Are there restrictions on public funding of abortions in Tennessee?


Yes, there are restrictions on public funding of abortions in Tennessee. Currently, the only exceptions to the restrictions on public funding of abortions in Tennessee are when the life of the mother is at risk or in cases of rape or incest.

13. Does Tennessee have any laws regulating the sale of abortifacients (drugs that induce abortion)?


Yes, Tennessee does have laws regulating the sale of abortifacients. The Tennessee Code specifies that no health care provider may prescribe any abortifacient for the purpose of inducing an abortion, unless it is necessary to save the life of the mother. Additionally, no person may knowingly sell, give away, or otherwise distribute any abortifacient with the intent to cause an abortion.

14. Does Tennessee require counselling before an abortion procedure?


No. Tennessee does not require counseling before an abortion procedure.

15. Are there any regulations on the disposal of fetal remains after an abortion procedure in Tennessee?


Yes. According to the Tennessee Department of Health, in accordance with Tennessee Code Annotated§ 68-11-223, the physician or qualified technician performing the abortion is responsible for disposing of fetal remains in a dignified and respectful manner. This includes cremation, interment, or any other method that is consistent with state and local laws. The provider must also provide written notification to the patient regarding the method of disposition prior to the procedure being performed.

16. Does Tennessee recognize any conscientious objection rights for health care providers who object to performing abortions?


Yes, Tennessee does recognize conscientious objection rights for health care providers who object to performing abortions. The state allows physicians and other healthcare providers to refuse to participate in any abortion procedure if it is against their conscience. This includes refusing to prescribe, dispense, or administer drugs or perform other medical procedures that could terminate a pregnancy.

17. Does Tennessee have any laws protecting healthcare providers from being discriminated against for participating in abortion procedures?


Yes, Tennessee has laws that protect healthcare providers from being discriminated against for participating in abortion procedures. Under Tennessee Code Annotated § 39-15-403 and § 39-15-404, healthcare providers are protected from discrimination in employment, licensing, or disciplinary action if they participate in abortion procedures.

18. Are there any laws concerning the transportation of minors across state lines to obtain abortions in Tennessee?


Yes, there are laws concerning the transportation of minors across state lines to obtain abortions in Tennessee. Under Tennessee’s parental consent law, minors must obtain consent from a parent or legal guardian before obtaining an abortion. A minor may only obtain an abortion without parental consent if they secure permission from a juvenile court or if a court determines that the minor is mature enough to make the decision without parental consent. Minors may not be transported across state lines for the purpose of obtaining an abortion without parental consent.

19. Are there restrictions on the use of telemedicine for abortion services in Tennessee?


Yes, there are restrictions on the use of telemedicine for abortion services in Tennessee. Telemedicine is not allowed for abortions after 16 weeks of gestation, and only with the provider physically present in the same room as the patient. Additionally, physicians are required to have prior and informed consent from the patient before providing any telemedicine abortion services.

20. Does Tennessee have any laws criminalizing the performance of self-induced abortions or assisting others with self-induced abortions?


No, Tennessee does not have any laws criminalizing the performance of self-induced abortions or assisting others with self-induced abortions. Tennessee does criminalize the performance of abortions without a medical license and has several other laws regulating abortion procedures.