Biased Counseling & Mandatory Delay

A woman may not obtain an abortion until at least 18 hours after the attending or referring physician, or a physician's assistant, advanced practice nurse, or midwife tells her, orally and in person:  (1) the nature of the proposed procedure; (2) the risks of and alternatives to the procedure; (3) the probable gestational age of the fetus, including an offer to provide a picture or drawing of a fetus, the dimensions of a fetus, and relevant information on the potential survival of a fetus at that stage of development; (4) the risks associated with carrying the pregnancy to term; (5) the name of the physician who will provide the abortion; and (6) the availability of ultrasounds and fetal-heart-tone services.

In addition, at least 18 hours prior to an abortion, the woman must receive a state-mandated lecture that includes:  (1) that medical assistance benefits may be available for prenatal care, childbirth, and neonatal care; (2) that the "father" is liable for child support; and (3) that adoption alternatives are available and that the adoptive parents may legally pay the costs of prenatal care, childbirth, and neonatal care.

Ind. Code Ann. § 16-18-2-69 (Enacted 1995); § 16-34-2-1 (Enacted 1973; Recodified 1993; Last Amended 1997); § 16-34-2-1.1 (Enacted 1995; Last Amended 2005).

Both federal and state courts held that the "in person" requirement, which in effect requires two office visits, is constitutional.  A Woman's Choice-E. Side Women's Clinic v. Newman, 305 F.3d 684 (7th Cir. 2002), cert. denied, 537 U.S. 1192 (2003); Clinic for Women v. Brizzi, 837 N.E.2d 973 (Ind. 2005).