Every Abortion Ban States' Definition of 'Abortion'
Definitions matter when discussing abortion
What is abortion? If you’re a regular reader, you already know the answer. Abortion is a medical term defined as the ending, both spontaneous and induced, of an established pregnancy before fetal viability.123 If only the antis were as well informed!
Unfortunately, thanks to the propaganda efforts of anti-reproductive-rights groups and activists to re-define abortion and divorce it from healthcare, most people who identify as “pro-life” mistakenly believe that abortion is defined as the *direct and *intentional killing of a human being.
But that’s not how most abortion bans define abortion.
This mistaken belief has led many opponents of abortion to believe that certain abortions aren’t actually abortions, such as abortions intended to save the life of the mother; abortions intended to treat inevitable miscarriages, as in the case of PPROM; abortions intended to treat ectopic pregnancy; and more.
But most states do not exclude most of these abortions from their definitions of abortion.
This post compiles important information so that you can set the antis straight when they start arguing with you about what is and what is not an abortion. Included are (1) each states’ definition of abortion in relation to intent; (2) also included is an overview of which abortions each state excludes from its definition of abortion. *Note: This post does not discuss exceptions in abortion bans - it only discuses definitions and exclusions from definitions.
This post has two parts. At the beginning of each part is a graph for easy reference.
Definitions and intent
Intent to cause demise
Only seven states define abortion as the termination of a pregnancy with the intent to cause the death of an embryo or fetus. Those states are (select the footnote for each state to view the definition):
Foreknowledge, but no intent
Nine states define abortion as the termination of pregnancy with the foreknowledge that doing so will likely cause the death of the embryo or fetus but without the intent to cause the death of the embryo or fetus. Those states are (select the footnote for each state to view the definition):
Intent other than…
Eight states define abortion as all terminations of pregnancy that are done with an intent other than those specified by each state. Those states are (select the footnote for each state to view the definition):
Exclusions
Nearly all states exclude from the definition of abortion certain terminations of pregnancy. Those states are (select the footnote for each state to view the definition):
Alabama28
Arizona29
Arkansas30
Florida31
Georgia32
Idaho33
Indiana34
Iowa35
Kentucky36
Louisiana37
Mississippi38
Missouri39
Nebraska40
North Carolina41
North Dakota42
Oklahoma43
South Carolina44
Tennessee45
Texas46
Utah47
West Virginia48
Wyoming49
*Only South Dakota does not make any exclusion from its definition of abortion.
First- and Second-Trimester Pregnancy Loss.” AccessMedicine, https://accessmedicine.mhmedical.com/content.aspx?sectionid=263815963&bookid=2977#263816185
(KRS 311.720)
“Abortion: Taber's Medical Dictionary.” Abortion | Taber's Medical Dictionary, https://www.tabers.com/tabersonline/view/Tabers-Dictionary/766365/all/abortion
WILLIAMS OBSTETRICS ch. 11 at 198 (F. Gary Cunningham, Kenneth J. Leveno,
Jodi S. Dashe, Barbara L. Hoffman, Catherine Y. Spong & Brian M. Casey eds.,
26th ed. 2022).
(KRS 311.720) (KRS 311.821 to 311.827) “Abortion” means the use of any means whatsoever to terminate the pregnancy of a woman known to be pregnant with intent to cause fetal death.
(MO. ANN. STAT. § 188.015) *Note: Missouri has two definite or abortion:
(a) The act of using or prescribing any instrument, device, medicine, drug, or any other means or substance with the intent to destroy the life of an embryo or fetus in his or her mother's womb;
(b) The intentional termination of the pregnancy of a mother by using or prescribing any instrument, device, medicine, drug, or other means or substance with an intention other than to increase the probability of a live birth or to remove a dead unborn child.
(NEB. REV. STAT. ANN. § 71-6914) (1)Abortion means the prescription or use of any instrument, device, medicine, drug, or substance to or upon a woman known to be pregnant with the specific intent of terminating the life of her preborn child.
Abortion shall under no circumstances be interpreted to include:
(i) Removal of an ectopic pregnancy;
(ii) Removal of the remains of a preborn child who has already died;
(iii) An act done with the intention to save the life or preserve the health of the preborn child;
(iv) The accidental or unintentional termination of the life of a preborn child; or
(v) During the practice of in vitro fertilization or another assisted reproductive technology, the termination or loss of the life of a preborn child who is not being carried inside a woman's body.
(S.D. CODIFIED LAWS § 34-23A-1) “Abortion,” the intentional termination of the life of a human being in the uterus.
(TEX. HEALTH & SAFETY CODE ANN. § 245.002) “Abortion” means the act of using or prescribing an instrument, a drug, a medicine, or any other substance, device, or means with the intent to cause the death of an unborn child of a woman known to be pregnant.
The term does not include birth control devices or oral contraceptives.
An act is not an abortion if the act is done with the intent to:
(A) save the life or preserve the health of an unborn child;
(B) remove a dead, unborn child whose death was caused by spontaneous abortion; or
(C) remove an ectopic pregnancy.
(UTAH CODE ANN. § 76-7-301) (1)(a) “Abortion” means the act, by a physician, of using an instrument, or prescribing a drug, with the intent to cause the death of an unborn child of a woman known to be pregnant, except as permitted under this part.
(b) “Abortion” does not include:
(i) removal of a dead unborn child;
(ii) removal of an ectopic pregnancy; or
(iii) the killing or attempted killing of an unborn child without the consent of the pregnant woman, unless: (A) the killing or attempted killing is done through a medical procedure carried out by a physician or through a substance used under the direction of a physician; and (B) the physician is unable to obtain the consent due to a medical emergency.
(W. VA. CODE ANN. § 16-2R-2; W. VA. CODE ANN. § 16-2R-4) “Abortion” means the use of any instrument, medicine, drug, or any other substance or device with intent to terminate the pregnancy of a patient known to be pregnant and with intent to cause the death and expulsion or removal of an embryo or a fetus.
This term does not include the terms “intrauterine fetal demise” or “stillbirth” or “miscarriage” as defined in this section… “Intrauterine fetal demise” or “stillbirth” means the unintended or spontaneous loss of a fetus after the 19th week of pregnancy…“Miscarriage” means
the unintended or spontaneous loss of an embryo or a fetus before the 20th week of pregnancy. This term includes the medical terms “spontaneous abortion,” “missed abortion,” and “incomplete abortion”…
(a) Abortion does not include:
(1) A miscarriage;
(2) An intrauterine fetal demise or stillbirth;
(3) The use of existing established cell lines derived from aborted human embryos or fetuses;
(4) Medical treatment provided to a patient by a licensed medical professional that results in the accidental or unintentional injury or death of an embryo or a fetus;
(5) In vitro fertilization;
(6) Human fetal tissue research, when performed in accordance with Sections 498A and 498B of the PHS Act (42 U.S.C. 289g–1 and
289g–2) and 45 C.F.R. 46.204 and 46.206; or
(7) The prescription, sale, transfer, or use of contraceptive devices, instruments, medicines, or drugs.
(ALA. CODE § 26-23H-3) The use or prescription of any instrument, medicine, drug, or any other substance or device with the intent to terminate the pregnancy of a woman known to be pregnant with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child.
The term does not include these activities if done with the intent to save the life or
preserve the health of an unborn child, remove a dead unborn child, to deliver the unborn child prematurely to avoid a serious health risk to the unborn child's mother, or to preserve the health of her unborn child. The term does not include a procedure or act to terminate the pregnancy of a woman with an ectopic pregnancy, nor does it include the procedure or act to terminate the pregnancy of a woman when the unborn child has a lethal anomaly.
(ARIZ. REV. STAT. ANN. § 36-2151; ARIZ. REV. STAT. § 36-232-36-2326) “Abortion” means the use of any means to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will cause, with reasonable likelihood, the death of the unborn child.
Abortion does not include birth control devices, oral contraceptives used to inhibit or prevent ovulation, conception or the implantation of a fertilized ovum in the uterus or the use of any means to save the life or preserve the health of the unborn child, to preserve the life or health of the child after a live birth, to terminate an ectopic pregnancy or to remove a dead fetus.
(ARK. CODE ANN. § 5-61-303) (1)(A) “Abortion” means the act of using, prescribing, administering, procuring, or selling of any instrument, medicine, drug, or any other substance, device, or means with the purpose to terminate the pregnancy of a woman, with knowledge that the termination by any of those means will with reasonable likelihood cause the death of the unborn child.
(B) An act under subdivision (1)(A) of this section is not an abortion if the act is performed with the purpose to:
(i) Save the life or preserve the health of the unborn child;
(ii) Remove a dead unborn child caused by spontaneous abortion; or
(iii) Remove an ectopic pregnancy
(GA. CODE ANN. § 16-12-141) (a)(1) “Abortion” means the act of using, prescribing, or administering any instrument, substance, device, or other means with the purpose to terminate a pregnancy with knowledge that termination will, with reasonable likelihood, cause the death of an unborn child.
Such act shall not be considered an abortion if the act is performed with the purpose of:
(A) Removing a dead unborn child caused by spontaneous abortion; or
(B) Removing an ectopic pregnancy.
(IDAHO CODE ANN. § 18-604) (1) “Abortion” means the use of any means to intentionally terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn child.
For the purposes of this chapter, abortion shall not mean:
(a) The use of an intrauterine device or birth control pill to inhibit or prevent ovulations, fertilization, or the implantation of a fertilized ovum within the uterus;
(b) The removal of a dead unborn child;
(c) The removal of an ectopic or molar pregnancy; or
(d) The treatment of a woman who is no longer pregnant
(LA. STAT. ANN. § 14:87.1, amended by 2024 La. Sess. Law Serv. Act 246; LA. STAT. ANN. § 40:1061.1.2) (1)(a) “Abortion” or “induced abortion” means the performance of any act with the intent to terminate a clinically diagnosable pregnancy with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn child, whether or not the child survives, by one or more of the following means: (i) Administering, prescribing, or providing any abortion-inducing drug, potion, medicine, or any other substance, device, or means to a pregnant female. (ii) Using an instrument or external force on a pregnant female.
(b) Abortion shall not mean any one or more of the following acts, if performed by a physician:
(i) A medical procedure performed with the intention to save the life or preserve the health of an unborn child.
(ii) The removal of a dead unborn child or the inducement or delivery of the uterine contents in case of a positive diagnosis, certified in writing in the woman's medical record along with the results of an obstetric ultrasound test, that the pregnancy has ended or is in the unavoidable and untreatable process of ending due to spontaneous miscarriage, also known in medical terminology as spontaneous abortion, missed abortion, inevitable abortion, incomplete abortion, or septic abortion.
(iii) The removal of an ectopic pregnancy.
(iv) The use of methotrexate to treat an ectopic pregnancy.
(v) The performance of a medical procedure necessary in good faith medical judgment or reasonable medical judgment to prevent the death or substantial risk of death to the pregnant woman due to a physical condition, or to prevent the serious, permanent impairment of a life-sustaining organ of a pregnant woman. However, the physician shall make reasonable medical efforts under the circumstances to preserve both the life of the mother and the life of her unborn child in a manner consistent with reasonable medical practice.
(vi) The removal of an unborn child who is deemed to be medically futile. The diagnosis shall be a medical judgment certified by two qualified physicians and recorded in the woman's medical record. The medical procedure shall be performed in a licensed ambulatory surgical center or hospital. Upon the completion of the procedure, the physician shall submit an individual abortion report consistent with R.S. 40:1061.21 that includes appropriate evidence of the certified diagnosis.
(2)(a) “Abortion-inducing drug” means any drug or chemical, or any combination of drugs or chemicals, or any other substance when used with the intent to cause an abortion, including but not limited to RU–486, the Mifeprex regimen, misoprostol (Cytotec), or methotrexate.
(b) Abortion-inducing drug shall not mean a contraceptive, an emergency contraceptive, or the use of methotrexate to treat an ectopic pregnancy.
(N.D. CENT. CODE ANN. § 12.1-19.1-01) “Abortion” means the act of using, selling, or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman, including the elimination of one or more unborn children in a multifetal pregnancy, with knowledge the termination by those means will with reasonable likelihood cause the death of the unborn child.
The use, sale, prescription, or means is not an abortion if done with the intent to:
a. Remove a dead unborn child caused by spontaneous abortion;
b. Treat a woman for an ectopic pregnancy; or
c. Treat a woman for a molar pregnancy
(S.C. CODE ANN. § 44-41-610) (1) “Abortion” means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn child.
Such use, prescription, or means is not an abortion if done with the intent to save the life or preserve the health of the unborn child, or to remove a dead unborn child.
(WYO. STAT. ANN. § 35-6-122) (i) “Abortion” means the act of using or prescribing any instrument, medicine, drug or any other substance, device or means with the intent to terminate the clinically diagnosable pregnancy of a woman, including the elimination of one (1) or more unborn babies in a multifetal pregnancy, with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn baby.
“Abortion” shall not include any use, prescription or means specified in this paragraph if the use, prescription or means are done with the intent to:
(A) Save the life or preserve the health of the unborn baby;
(B) Remove a dead unborn baby caused by spontaneous abortion or intrauterine fetal demise;
(C) Treat a woman for an ectopic pregnancy; or
(D) Treat a woman for cancer or another disease that requires medical treatment which treatment may be fatal or harmful to the unborn baby
(FLA. STAT. ANN. § 390.011) “Abortion” means the termination of human pregnancy with an intention other than to produce a live birth or to remove a dead fetus.
(IND. CODE ANN. § 16-18-2-1) “Abortion” means the termination of human pregnancy with an intention other than to produce a live birth or to remove a dead fetus. The term includes abortions by surgical procedures and by abortion inducing drugs.
(2023 Ia. Legis. Serv. 1st Ex. Sess. Ch. 1, H.F. 732; IOWA CODE ANN. § 146B.1) “Abortion” means the termination of a human pregnancy with the intent other than to produce a live birth or to remove a dead fetus.
(MISS. CODE ANN. § 41-41-405; Note: The language in Mississippi’s now-active trigger ban, originally passed in 2007, does not exclude the termination of ectopic pregnancies from the definition of abortion. MISS. CODE ANN. § 41-41-45) "Abortion" means the use or prescription of an instrument, medicine, drug, or other substance or device with the intent to terminate a clinically diagnosable pregnancy for reasons other than to increase the probability of a live birth, to preserve the life or health of the unborn human being, to terminate an ectopic pregnancy, or to remove a dead unborn human being.
(MO. ANN. STAT. § 188.015) Note: Missouri has two definite or abortion:
(a) The act of using or prescribing any instrument, device, medicine, drug, or any other means or substance with the intent to destroy the life of an embryo or fetus in his or her mother's womb;
(b) The intentional termination of the pregnancy of a mother by using or prescribing any instrument, device, medicine, drug, or other means or substance with an intention other than to increase the probability of a live birth or to remove a dead unborn child.
(N.C. GEN. STAT. ANN. § 90-21.81) (1) Abortion. – A surgical abortion or a medical abortion, as those terms are defined in this section, respectively.
(1c) Surgical abortion. – The use or prescription of any instrument or device intentionally to terminate the pregnancy of a woman known to be pregnant with an intention other than to do any of the following:
a. Increase the probability of a live birth.
b. Preserve the life or health of the child.
c. Remove a dead, unborn child who died as the result of (i) natural causes in utero, (ii) accidental trauma, or (iii) a criminal assault on the pregnant woman or her unborn child which causes the premature termination of the pregnancy.
d. Remove an ectopic pregnancy.
(4e) Medical abortion. – The use of any medicine, drug, or other substance intentionally to terminate the pregnancy of a woman known to be pregnant with an intention other than to do any of the following:
a. Increase the probability of a live birth.
b. Preserve the life or health of the child.
c. Remove a dead, unborn child who died as a result of (i) natural causes in utero, (ii) accidental trauma, or (iii) a criminal assault of the pregnant woman or her unborn child which causes the premature termination of the pregnancy.
d. Remove an ectopic pregnancy.
(Oklahoma Statutes Title 63. Public Health and Safety §63-1-730) Abortion” means the use or prescription of any instrument, medicine, drug, or any other substance or device intentionally to terminate the pregnancy of a female known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, to remove an ectopic pregnancy, or to remove a dead unborn child who died as the result of a spontaneous miscarriage, accidental trauma, or a criminal assault on the pregnant female or her unborn child... Nothing contained herein shall be construed in any manner to include any contraceptive device or medication or sterilization procedure.
(TENN. CODE ANN. § 39-15-213; amended by TENN. PUBLIC CHAPTER NO. 313) (1) “Abortion” means the use of any instrument, medicine, drug, or any other substance or device with intent to terminate the pregnancy of a woman known to be pregnant with intent other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, to terminate an ectopic or molar pregnancy, or to remove a dead fetus.
ALABAMA: Exclusions from the definition of abortion (ALA. CODE § 26-23H-3): The term does not include these activities if done with the intent to save the life or
preserve the health of an unborn child, remove a dead unborn child, to deliver the unborn child prematurely to avoid a serious health risk to the unborn child's mother, or to preserve the health of her unborn child. The term does not include a procedure or act to terminate the pregnancy of a woman with an ectopic pregnancy, nor does it include the procedure or act to terminate the pregnancy of a woman when the unborn child has a lethal anomaly.
ARIZONA: Exclusions from the definition of abortion (ARIZ. REV. STAT. ANN. § 36-2151; ARIZ. REV. STAT. § 36-232-36-2326): Abortion does not include birth control devices, oral contraceptives used to inhibit or prevent ovulation, conception or the implantation of a fertilized ovum in the uterus or the use of any means to save the life or preserve the health of the unborn child, to preserve the life or health of the child after a live birth, to terminate an ectopic pregnancy or to remove a dead fetus.
ARKANSAS: Exclusions from the definition of abortion (ARK. CODE ANN. § 5-61-303): (B) An act under subdivision (1)(A) of this section is not an abortion if the act is performed with the purpose to:
(i) Save the life or preserve the health of the unborn child;
(ii) Remove a dead unborn child caused by spontaneous abortion; or
(iii) Remove an ectopic pregnancy
FLORIDA: Exclusions from the definition of abortion (FLA. STAT. ANN. § 390.011): “Abortion” means the termination of human pregnancy with an intention other than to produce a live birth or to remove a dead fetus.
GEORGIA: Exclusions from the definition of abortion (GA. CODE ANN. § 16-12-141): Such act shall not be considered an abortion if the act is performed with the purpose of:
(A) Removing a dead unborn child caused by spontaneous abortion; or
(B) Removing an ectopic pregnancy.
IDAHO: Exclusions from the definition of abortion (IDAHO CODE ANN. § 18-604): For the purposes of this chapter, abortion shall not mean:
(a) The use of an intrauterine device or birth control pill to inhibit or prevent ovulations, fertilization, or the implantation of a fertilized ovum within the uterus;
(b) The removal of a dead unborn child;
(c) The removal of an ectopic or molar pregnancy; or
(d) The treatment of a woman who is no longer pregnant
INDIANA: Exclusions from the definition of abortion (IND. CODE ANN. § 16-18-2-1): “Abortion” means the termination of human pregnancy with an intention other than to produce a live birth or to remove a dead fetus. The term includes abortions by surgical procedures and by abortion inducing drugs.
IOWA: Exclusions from the definition of abortion (2023 Ia. Legis. Serv. 1st Ex. Sess. Ch. 1, H.F. 732; IOWA CODE ANN. § 146B.1): “Abortion” means the termination of a human pregnancy with the intent other than to produce a live birth or to remove a dead fetus.
KENTUCKY: Exclusions from the definition of abortion (KRS 311.720; KRS 311.821 to 311.827): An abortion shall not include the use of any means to terminate the pregnancy of a woman if done with an intent to:
(a) Save the life or preserve the health of the unborn child;
(b) Remove a dead unborn child caused by spontaneous abortion; or
(c) Remove an ectopic pregnancy KY.
LOUISIANA: Exclusions from the definition of abortion (LA. STAT. ANN. § 14:87.1, amended by 2024 La. Sess. Law Serv. Act 246; LA. STAT. ANN. § 40:1061.1.2): (b) Abortion shall not mean any one or more of the following acts, if performed by a physician:
(i) A medical procedure performed with the intention to save the life or preserve the health of an unborn child.
(ii) The removal of a dead unborn child or the inducement or delivery of the uterine contents in case of a positive diagnosis, certified in writing in the woman's medical record along with the results of an obstetric ultrasound test, that the pregnancy has ended or is in the unavoidable and untreatable process of ending due to spontaneous miscarriage, also known in medical terminology as spontaneous abortion, missed abortion, inevitable abortion, incomplete abortion, or septic abortion.
(iii) The removal of an ectopic pregnancy.
(iv) The use of methotrexate to treat an ectopic pregnancy.
(v) The performance of a medical procedure necessary in good faith medical judgment or reasonable medical judgment to prevent the death or substantial risk of death to the pregnant woman due to a physical condition, or to prevent the serious, permanent impairment of a life-sustaining organ of a pregnant woman. However, the physician shall make reasonable medical efforts under the circumstances to preserve both the life of the mother and the life of her unborn child in a manner consistent with reasonable medical practice.
(vi) The removal of an unborn child who is deemed to be medically futile. The diagnosis shall be a medical judgment certified by two qualified physicians and recorded in the woman's medical record. The medical procedure shall be performed in a licensed ambulatory surgical center or hospital. Upon the completion of the procedure, the physician shall submit an individual abortion report consistent with R.S. 40:1061.21 that includes appropriate evidence of the certified diagnosis.
(2)(a) “Abortion-inducing drug” means any drug or chemical, or any combination of drugs or chemicals, or any other substance when used with the intent to cause an abortion, including but not limited to RU–486, the Mifeprex regimen, misoprostol (Cytotec), or methotrexate.
(b) Abortion-inducing drug shall not mean a contraceptive, an emergency contraceptive, or the use of methotrexate to treat an ectopic pregnancy.
MISSISSIPPI: Exclusions from the definition of abortion (MISS. CODE ANN. § 41-41-405; Note: The language in Mississippi’s now-active trigger ban, originally passed in 2007, does not exclude the termination of ectopic pregnancies from the definition of abortion. MISS. CODE ANN. § 41-41-45) "Abortion" means the use or prescription of an instrument, medicine, drug, or other substance or device with the intent to terminate a clinically diagnosable pregnancy for reasons other than to increase the probability of a live birth, to preserve the life or health of the unborn human being, to terminate an ectopic pregnancy, or to remove a dead unborn human being.
MISSOURI: Exclusions from the definition of abortion (MO. ANN. STAT. § 188.015): (b) The intentional termination of the pregnancy of a mother by using or prescribing any instrument, device, medicine, drug, or other means or substance with an intention other than to increase the probability of a live birth or to remove a dead unborn child.
NEBRASKA: Exclusions from the definition of abortion (NEB. REV. STAT. ANN. § 71-6914): Abortion shall under no circumstances be interpreted to include:
(i) Removal of an ectopic pregnancy;
(ii) Removal of the remains of a preborn child who has already died;
(iii) An act done with the intention to save the life or preserve the health of the preborn child;
(iv) The accidental or unintentional termination of the life of a preborn child; or
(v) During the practice of in vitro fertilization or another assisted reproductive technology, the termination or loss of the life of a preborn child who is not being carried inside a woman's body.
NORTH CAROLINA: Exclusions from the definition of abortion (N.C. GEN. STAT. ANN. § 90-21.81): (1) Abortion. – A surgical abortion or a medical abortion, as those terms are defined in this section, respectively.
(1c) Surgical abortion. – The use or prescription of any instrument or device intentionally to terminate the pregnancy of a woman known to be pregnant with an intention other than to do any of the following:
a. Increase the probability of a live birth.
b. Preserve the life or health of the child.
c. Remove a dead, unborn child who died as the result of (i) natural causes in utero, (ii) accidental trauma, or (iii) a criminal assault on the pregnant woman or her unborn child which causes the premature termination of the pregnancy.
d. Remove an ectopic pregnancy.
(4e) Medical abortion. – The use of any medicine, drug, or other substance intentionally to terminate the pregnancy of a woman known to be pregnant with an intention other than to do any of the following:
a. Increase the probability of a live birth.
b. Preserve the life or health of the child.
c. Remove a dead, unborn child who died as a result of (i) natural causes in utero, (ii) accidental trauma, or (iii) a criminal assault of the pregnant woman or her unborn child which causes the premature termination of the pregnancy.
d. Remove an ectopic pregnancy.
NORTH DAKOTA: Exclusions from the definition of abortion (N.D. CENT. CODE ANN. § 12.1-19.1-01): The use, sale, prescription, or means is not an abortion if done with the intent to:
a. Remove a dead unborn child caused by spontaneous abortion;
b. Treat a woman for an ectopic pregnancy; or
c. Treat a woman for a molar pregnancy
OKLAHOMA: Exclusions from the definition of abortion (Oklahoma Statutes Title 63. Public Health and Safety §63-1-730) Abortion” means the use or prescription of any instrument, medicine, drug, or any other substance or device intentionally to terminate the pregnancy of a female known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, to remove an ectopic pregnancy, or to remove a dead unborn child who died as the result of a spontaneous miscarriage, accidental trauma, or a criminal assault on the pregnant female or her unborn child... Nothing contained herein shall be construed in any manner to include any contraceptive device or medication or sterilization procedure.
SOUTH CAROLINA: Exclusions from the definition of abortion (S.C. CODE ANN. § 44-41-610): Such use, prescription, or means is not an abortion if done with the intent to save the life or preserve the health of the unborn child, or to remove a dead unborn child.
TENNESSEE: Exclusions from the definition of abortion (TENN. CODE ANN. § 39-15-213; amended by TENN. PUBLIC CHAPTER NO. 313) (1) “Abortion” means the use of any instrument, medicine, drug, or any other substance or device with intent to terminate the pregnancy of a woman known to be pregnant with intent other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, to terminate an ectopic or molar pregnancy, or to remove a dead fetus.
TEXAS: Exclusions from the definition of abortion (TEX. HEALTH & SAFETY CODE ANN. § 245.002) The term does not include birth control devices or oral contraceptives. An act is not an abortion if the act is done with the intent to:
(A) save the life or preserve the health of an unborn child;
(B) remove a dead, unborn child whose death was caused by spontaneous abortion; or
(C) remove an ectopic pregnancy.
UTAH: Exclusions from the definition of abortion (UTAH CODE ANN. § 76-7-301): (b) “Abortion” does not include:
(i) removal of a dead unborn child;
(ii) removal of an ectopic pregnancy; or
(iii) the killing or attempted killing of an unborn child without the consent of the pregnant woman, unless: (A) the killing or attempted killing is done through a medical procedure carried out by a physician or through a substance used under the direction of a physician; and (B) the physician is unable to obtain the consent due to a medical emergency.
WEST VIRGINIA: Exclusions from the definition of abortion (W. VA. CODE ANN. § 16-2R-2; W. VA. CODE ANN. § 16-2R-4): This term does not include the terms “intrauterine fetal demise” or “stillbirth” or “miscarriage” as defined in this section… “Intrauterine fetal demise” or “stillbirth” means the unintended or spontaneous loss of a fetus after the 19th week of pregnancy…“Miscarriage” means the unintended or spontaneous loss of an embryo or a fetus before the 20th week of pregnancy. This term includes the medical terms “spontaneous abortion,” “missed abortion,” and “incomplete abortion”…
(a) Abortion does not include:
(1) A miscarriage;
(2) An intrauterine fetal demise or stillbirth;
(3) The use of existing established cell lines derived from aborted human embryos or fetuses;
(4) Medical treatment provided to a patient by a licensed medical professional that results in the accidental or unintentional injury or death of an embryo or a fetus;
(5) In vitro fertilization;
(6) Human fetal tissue research, when performed in accordance with Sections 498A and 498B of the PHS Act (42 U.S.C. 289g–1 and
289g–2) and 45 C.F.R. 46.204 and 46.206; or
(7) The prescription, sale, transfer, or use of contraceptive devices, instruments, medicines, or drugs.
WYOMING: Exclusions from the definition of abortion (WYO. STAT. ANN. § 35-6-122): “Abortion” shall not include any use, prescription or means specified in this paragraph if the use, prescription or means are done with the intent to:
(A) Save the life or preserve the health of the unborn baby;
(B) Remove a dead unborn baby caused by spontaneous abortion or intrauterine fetal demise;
(C) Treat a woman for an ectopic pregnancy; or
(D) Treat a woman for cancer or another disease that requires medical treatment which treatment may be fatal or harmful to the unborn baby.