Kansas Abortion Laws: Understanding The Current Landscape

Abortion laws vary from state to state in the US, and Kansas is no exception. While abortion is legal in Kansas, there are several restrictions in place, and the state has a history of abortion-related legislation and activism. In this paragraph, we will explore the abortion laws in Kansas, the challenges they have faced, and the impact they have on those seeking abortion services in the state.

Kansas abortion laws and constitutional protections

Kansas abortion laws are some of the most restrictive in the United States. While abortion is currently legal in Kansas, the state has enacted several restrictions on abortion access. Here is an overview of Kansas abortion laws and constitutional protections:

Kansas Abortion Laws:

• Kansas law prohibits abortion after 22 weeks LMP (last menstrual period) and allows abortion after this point only in cases of life or severely compromised physical health. This limit is based on the belief that a fetus can feel pain after 22 weeks of pregnancy.
• Kansas was the first state to ban the dilation and evacuation (D&E) procedure, a common second-trimester abortion method. However, this ban was later struck down by the Kansas Court of Appeals and affirmed by the Kansas Supreme Court in 2019.
• Kansas law includes targeted regulation of abortion providers (TRAP) laws, which impose various requirements on abortion clinics, such as those related to facilities and admitting privileges.
• Kansas restricts the provision of abortion care to licensed physicians and prohibits the use of telemedicine for abortion care.
• Kansas law requires a mandatory 24-hour waiting period and biased counseling for pregnant people seeking abortion care. This includes providing inaccurate and medically unfounded information, such as linking abortion to a risk of breast cancer and future premature birth.
• Kansas limits public funding and private insurance coverage for abortion.
• Kansas law requires the consent of both parents, the legal guardian, or a judge for a minor's abortion.
• Kansas has passed laws prohibiting abortions based on gender and banning certain organizations from providing sex education in schools.

Kansas Constitutional Protections for Abortion:

• In 2019, the Kansas Supreme Court ruled that the state constitution protects a pregnant person's right to personal autonomy, including the right to control their own body and make decisions about continuing a pregnancy. This ruling affirmed that abortion is a constitutional right in Kansas, even if Roe v. Wade was overturned at the federal level.
• In 2022, Kansas voters rejected a proposed constitutional amendment, known as the Value Them Both Amendment, which would have removed constitutional protections for abortion and allowed the state legislature to restrict or ban abortion.
• Kansas law prohibits trespass or physical obstruction of health care facilities, protecting access to abortion clinics.

Kansas abortion restrictions

Waiting Periods and Informed Consent

Kansas law mandates a 24-hour waiting period before an abortion can be performed. During this time, patients must receive specific information from their physician or a qualified person. This includes details about the procedure, risks, alternatives, and the probable characteristics of the foetus at the time of the abortion. The state also requires patients to be informed that abortion poses a risk of premature birth in future pregnancies and breast cancer—statements that are medically inaccurate. Additionally, patients must be offered the opportunity to view the ultrasound image and listen to the foetal heartbeat at least 30 minutes before the procedure.

Consent Forms and Typeface Requirements

Kansas previously required consent forms to be printed in a specific typeface, font size, and colour, and completed 24 hours in advance of an abortion. However, this requirement was struck down by a state court in October 2023 as medically unnecessary and delaying access to time-sensitive healthcare.

Mandatory Counselling

Kansas law includes a mandatory counselling requirement, which has been criticised as biased. This requirement has been challenged in state court, and the state has agreed not to enforce it while the challenge is pending.

Limits on Public and Private Insurance Coverage

Kansas restricts public funding for abortion and limits private insurance coverage.

Parental Consent

Kansas law generally requires the consent of both parents, the legal guardian, or a judge for a minor to obtain an abortion.

Gestational Limits

Abortion is generally prohibited in Kansas after 22 weeks LMP (last menstrual period) or post-viability. After this point, abortions are only permitted in cases of life or severely compromised physical health. This limit is based on the belief that a foetus can feel pain after 20 weeks of development.

Dilation and Evacuation (D&E) Procedure Ban

Kansas was the first state to ban the D&E procedure, a common second-trimester abortion method. However, this ban was later struck down by the Kansas Court of Appeals in January 2016 and affirmed by the Kansas Supreme Court in April 2019.

Abortion Provider Regulations (TRAP Laws)

Kansas has Targeted Regulation of Abortion Providers (TRAP) laws that impose various requirements on facilities and providers. These include admitting privileges, reporting mandates, and restrictions on the use of telemedicine for abortion care.

Value Them Both Amendment

In January 2021, Kansas lawmakers passed a resolution to add the Value Them Both Amendment to the state constitution. This amendment would have affirmed that the state constitution does not require government funding of abortion and does not create or secure a right to abortion. However, the amendment was defeated in a referendum in August 2022, with a majority of voters opposing it.

Kansas abortion consent requirements

Adults

Except in cases of medical emergency, a pregnant person must provide written informed consent 24 hours prior to the abortion procedure or treatment. This is known as the Woman's Right to Know Act, passed in 1997.

Minors

Except in the case of a medical emergency, a pregnant minor must provide written informed consent 24 hours prior to the abortion procedure or treatment. Minors must be accompanied by a parent, guardian, or adult over 21 and must have the written consent of a parent or guardian. A minor can seek a judicial bypass of the parent or guardian consent requirements. The court can waive requirements upon finding the minor sufficiently mature or that the requirements are not in the minor's best interest.

General Requirements

The law requires a parent, guardian, or adult who is 21 or older to accompany the minor and assist them with decision-making.

Consent Forms

Consent forms must be printed in a specific typeface, font size, and color, and completed 24 hours in advance of an abortion, delaying access to time-sensitive health care.

Counseling

Required counseling on abortion alternatives, risks associated with both abortion and carrying the pregnancy to term, medical benefits, financial support available for a child, the option to view an ultrasound or listen for a fetal heartbeat, and theories on the fetus' ability to feel pain at 20 weeks or later.

Medication Abortion

Providers must relay to patients at least five times that a medication abortion can be "reversed"—a false and potentially dangerous claim unsupported by scientific evidence.

Kansas abortion providers and access

Abortion in Kansas is legal, but there are several restrictions in place. The Kansas Supreme Court has affirmed that the right to abortion is inherent within the state's constitution and bill of rights.

Abortion Providers

Comprehensive Health of Planned Parenthood Great Plains (CHPPGP) offers abortion services at four locations in Kansas: Overland Park, Kansas City, Wichita, and Pittsburg. Abortion appointments are scheduled by phone to help patients find the location and time that works best for them. CHPPGP also provides eligible patients with financial and travel assistance.

Abortion Access

Kansas law allows for an abortion up to 20 weeks post-fertilization (22 weeks after the last menstrual period). After that point, abortions can only be performed in cases of life or severely compromised physical health, with this limit set on the belief that a fetus can feel pain after that point in the pregnancy.

In 2019, the Kansas Supreme Court ruled that a pregnant person's right to personal autonomy is protected in the state's constitution. This ruling affirmed that the right to abortion is inherent within the state's constitution and bill of rights.

However, there are still several restrictions on abortion access in Kansas. Kansas law prohibits abortion at 22 weeks LMP and post-viability, and asserts that life begins at fertilization. The state also prohibits certain abortion procedures, such as D&X and D&E, and abortions sought for reasons of sex selection. Pregnant people who seek abortion care in Kansas must undergo a mandatory 24-hour waiting period and biased counseling. Kansas also limits public funding and private insurance coverage of abortion.

In addition, Kansas has Targeted Regulation of Abortion Providers (TRAP) laws, which include requirements related to facilities, admitting privileges, and reporting. Kansas law restricts the provision of abortion care to licensed physicians and restricts physicians from using telemedicine for abortion care.

Kansas abortion statistics

Abortion in Kansas is legal, but there are several restrictions in place. Kansas law allows for an abortion up to 20 weeks post-fertilisation (22 weeks after the last menstrual period). After this point, abortions can only be performed in cases where the mother's life is at risk or her physical health is severely compromised. This limit is based on the belief that a foetus can feel pain after this point in the pregnancy.

In July 2024, the Kansas Supreme Court struck down two abortion restrictions, including a ban on a procedure that's common in the second trimester. The number of abortion clinics in the state has been declining in recent years, going from 23 in 1982, to 15 in 1992, to 4 in 2014. There were 7,219 legal abortions in 2014, and 6,931 in 2015. Almost half of these were obtained by out-of-state residents.

In 2014, 97% of the counties in Kansas did not have an abortion clinic. That year, 56% of women in the state aged 15-44 lived in a county without an abortion clinic. In 2013, among white women aged 15-19, there were 270 total abortions, 50 abortions for black women aged 15-19, 60 abortions for Hispanic women aged 15-19, and 40 abortions for women of all other races.

Public opinion on abortion in Kansas is split. In 2014, a Pew Research Center poll found that 49% of adults said abortion should be legal, while 49% said it should be illegal in all or most cases. A 2016 Kansas Speaks survey reported that 26% of respondents opposed abortion in all situations, 38% were in favour of abortion in some situations, 8% were in favour of abortion in most situations, and 29% said abortion should be permitted for any woman who chooses it.

Kansas has a history of anti-abortion rights violence, including the kidnapping of a doctor in 1982 and the killing of Dr George Tiller in 2009. Tiller's clinic was subsequently closed, and his murder was one of the first instances in the US where a clinic closed as a result of an abortion-related murder.

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