Thursday, Feb. 29, 2024
Does Oklahoma allow abortion in cases of mental health emergency?
Under current state law, Oklahoma only permits abortions to avert the pregnant patient’s death or irreversible and significant impairment of physical bodily function. Statute §63-1-745.5 explicitly excludes psychological or emotional conditions and consideration of a patient’s intent to engage in conduct that would cause death or disability as exemptions from the state abortion ban.
Oklahoma is one of 18 states that exclude mental health or risk of suicide from their abortion bans. The Centers for Disease Control and Prevention found that 23% of pregnancy-related deaths can be attributed to mental health conditions, which include death by suicide and substance overdose.
This fact brief is responsive to conversations such as this one.
Sources
- JUSTIA US Law 2022 Oklahoma Statutes §63-1-745.5. Abortions prohibited when probable postfertilization age of unborn child is 20 or more weeks
- Roll Call State abortion bans bar exceptions for suicide, mental health
- Centers for Disease Control and Prevention Four in 5 pregnancy-related deaths in the U.S. are preventable
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