Informed consent for abortion to include perinatal palliative care information

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  1. (a) Except in the case of a medical emergency, consent to an abortion when the unborn child has been diagnosed with a lethal fetal anomaly is voluntary and informed only if at least seventy-two (72) hours before the abortion:

    1. (1) The physician performing the abortion has verbally informed the pregnant woman that perinatal palliative care services are available and has offered perinatal palliative care services as an alternative to abortion; and

    2. (2) The pregnant woman is given a list of perinatal palliative care services available both in the state and nationally that is prepared by the Department of Health and organized geographically by location.

  2. (b) If the pregnant woman declines perinatal palliative care services, the pregnant woman shall certify in writing that:

    1. (1) She declines the perinatal palliative care services; and

    2. (2) She has received the materials described in subdivision (a)(2) of this section.


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