Kentucky Abortion Laws

The news surrounding abortion laws across the United States is evolving daily. If you have any questions about the latest abortion law information, please do not hesitate to call Adoptions With Love.

In June of 2022, the Supreme Court overturned Roe v. Wade. This law previously protected women’s right to safe abortions. Now, abortion laws are determined at the state-level.

Many states have since made drastic changes to their laws, some implementing restrictions or full bans on abortion. Kentucky was one of those states.

If you live in Kentucky and you are facing an unplanned pregnancy, you may have questions and concerns about your rights. Kentucky abortion laws have changed quite a bit over the past several years, with more potential changes ahead. It is important to know that you still have options.

In this guide, we outline the abortion laws in Kentucky, how they may impact you, and the options you still have as an expectant mother.

Current Status of Kentucky Abortion Laws

As of this writing, abortion is illegal in Kentucky. The state’s ban went into effect as soon as the U.S. Supreme Court overturned Roe v. Wade in June of 2022.

This ban makes it a Class D felony for anyone to provide any types of abortions – procedural or medication – in the state after six weeks of pregnancy. The only exception to this law is in a medical emergency, to save the pregnant patient’s life or to prevent permanent damage to a life-sustaining organ.

Kentucky was one of 13 states to pass “trigger” bans related to abortion, meaning the law went into effect right after Roe v Wade was overturned. Kentucky’s trigger ban was previously blocked in state court. The state Court of Appeals has since lifted the block.

Abortion-rights advocates and lawmakers continue pushing back on this restrictive law. A Senate bill was introduced in early 2024 to relax the state’s abortion ban, allowing termination in cases of rape or incest, or when pregnancies are deemed nonviable. This bill has not made any progress as of this writing.

Key Provisions to Kentucky Abortion

The only exceptions to the strict abortion laws in Kentucky include:

• A medical emergency
• To save the pregnant patient’s life
• To prevent permanent damage to a life-sustaining organ

Lawmakers have been debating a bill dubbed “Hadley’s law,” which would add exceptions for rape, incest, and nonviable pregnancies, but it has not yet made progress at the State House.

Requirements for Providers and Patients in Kentucky

While abortion is banned in nearly every situation, with very limited exceptions, there are some policies that serve as a guideline for medical providers and patients pursuing termination. Here is what patients need to know:

• An ultrasound is required, regardless of medical necessity.
• Patients must make two trips – one for in-person counseling and another at least 24 hours later for the abortion.
• Medication for abortion must be taken in person.
• Parental consent is required for a minor’s abortion.
• State Medicaid and private health insurance does not cover abortion care, except in very limited

How Kentucky’s Abortion Laws Compare Nationally

The abortion laws in Kentucky are not unique to the U.S. right now. Ever since the overturning of Roe v. Wade in June of 2022, many states have experienced drastic changes to their abortion laws. Some states experienced “trigger bans,” meaning there were restrictions in place before abortion was taken away as a constitutional right. Once Roe v. Wade was overturned, these states immediately saw abortion bans go into effect. Other states have codified abortion rights, meaning the right to an abortion is protected by the state’s constitution.

States that have total abortion bans include:

• Alabama
• Arkansas
• Idaho
• Indiana
• Kentucky
• Louisiana
• Mississippi
• Missouri
• North Dakota
• Oklahoma
• South Dakota
• Tennessee
• Texas
• West Virginia

Like Kentucky abortion laws, some of these states offer no exceptions for rape or incest, such as Alabama, Missouri, and Oklahoma, to name a few. Others allow for exceptions of rape and/or incest.

Your Unplanned Pregnancy Options in Kentucky

While abortion is illegal in Kentucky, there are still options for expectant mothers. If you are facing an unplanned pregnancy in Kentucky, you can still choose from the following:

• Parenthood
• Abortion in another state
• Adoption

Parenthood

Many expectant mothers consider parenthood when facing an unplanned pregnancy. It is a natural consideration. If you are thinking about parenting your baby, there are some factors you should consider before making your decision.

For example, how will you support your family? According to the U.S. Department of Agriculture, the average cost of raising a child from birth to age 18 is $310,605. That translates to about $17,000 per year. When planning to raise a child, you must consider the everyday costs of living expenses, clothes, additional food, and childcare.

Money aside, there are other important factors to consider before deciding to parent your child. Some of the most practical include:

• Can I provide my child with a safe and stable home?
• Who will care for my baby when I need a babysitter?
• Am I mentally and emotionally ready to raise a child?
• Who can I lean on for emotional support?
• What kind of life will my child have in my care?

If you are determined to make parenthood work, there are groups that can support you. The following may help along the way:

• Women’s, Infants and Children (WIC)
• Childcare Assistance Through the Office of Child Care
• Facebook groups for young parents, single parents, etc.

Traveling to Another State for an Abortion

You may know that you are not yet ready to become a parent. You might even decide that you cannot continue with the pregnancy. If you feel that abortion is the only path for you, then you may still find a way to get the procedure or medication. There is another way to obtain a safe and legal abortion: Traveling to another state. There is no law banning anyone from traveling to another state for any medical procedure. This includes abortion.

The states closest to Kentucky where abortion is legal include:

• Illinois – no restrictions
• Virginia – up to 26 weeks of pregnancy
• North Carolina – up to 20 weeks of pregnancy
• Ohio – up to 22 weeks of pregnancy
• Iowa – up to 20 weeks of pregnancy

Traveling to another state for an abortion is an option, but it can be costly. There are groups, clinics, and organizations that can help. The National Network of Abortion Funds, for example, connects pregnant people with groups that can support the costs and logistical challenges.

Adoption in Kentucky

Another option many expectant/birth mothers consider is adoption. This choice is a good option for those who are not ready to parent at this time but want what is best for their baby. Adoption can offer many benefits for expectant/birth mothers. Some of these include:

• The opportunity to pursue personal and/or professional goals.
• Provides peace of mind, knowing your child is safe, cared for and loved.
• Comes with financial and emotional support from the adoption agency.
• Allows you to stay connected with your child’s family over the years.

Adoption is not an alternative to abortion. It is most often the decision that birth mothers choose instead of parenthood. If you are not ready to be a parent, but you know that abortion is not for you (or available to you), then you may consider this path.

With adoption, expectant/birth mothers have the power to choose the type of adoption plan they would like. Whether you want an open adoption, semi-open, or closed adoption, your adoption counselor will respect and support your decisions. You will also be guided through the adoption journey every step of the way, ensuring that your needs are being met during this challenging time.

Pregnant in Kentucky? Get the Free Support You Deserve

If you would like to learn more about adoption in Kentucky, contact Adoptions With Love today. We can listen to you and answer any questions you may have, free of obligation or commitment. Call us any time of day, any day of the week at 800-722-7731, text us confidentially at 617-777-0072, or contact us online.