18-8704 [18-8804]. ABORTION FOLLOWING DETECTION OF A FETAL HEARTBEAT PROHIBITED. [EFFECTIVE DATE – SEE SECTION 18-8806] A person may not perform an abortion on a pregnant woman when a fetal heartbeat has been detected, except in the case of a medical emergency, in the case of rape as defined in section 18-6101, Idaho Code, or in the case of incest as described in section 18-6602, Idaho Code. In the case of rape or incest:
(1) If the woman is not a minor or subject to guardianship, then, prior to the performance of the abortion, the woman has reported the act of rape or incest to a law enforcement agency and provided a copy of such report to the physician who is to perform the abortion; or
(2) If the woman is a minor or subject to guardianship, then, prior to the performance of the abortion, the woman or her parent or guardian has reported the act of rape or incest to a law enforcement agency or child protective services and a copy of such report have been provided to the physician who is to perform the abortion.
History:
[18-8704 [18-8804], added 2021, ch. 289, sec. 1, p. 868.]