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Biased Counseling & Mandatory Delay

A woman may not obtain an abortion until at least 24 hours after the attending or referring physician provides in writing:  (1) a description of the proposed method; (2) a description of the risks related to the proposed method, including risks to the woman's reproductive health and alternatives to abortion; (3) the probable gestational age of the "unborn child"; (4) a statement on Kansas law regarding post-viability abortion; (5) the probable anatomical and physiological characteristics of the "unborn child"; (6) the medical risks associated with carrying a pregnancy to term; (7) the name of the physician who will provide the procedure; (8) a statement that the abortion will "terminate the life of a whole, separate, unique, living human being;" (9) the contact information about free counseling services for medically challenging pregnancies and the contact information for free perinatal hospice services; and (10) information about the medical risks associated with carrying the "unborn child" to term.

In addition, at least 24 hours prior to an abortion, the woman must receive:  (1) in writing, state-mandated information from a physician, psychologist, licensed social worker, registered professional counselor, or registered nurse that includes that:  (a) medical assistance benefits may be available for prenatal care, childbirth, and neonatal care; (b) the state-prepared materials include details about these benefits and list agencies offering alternatives to abortion, including adoption services; (c) the materials describe the "unborn child"; (d) the "father" of the "unborn child" is liable for child support even if he has offered to pay for the abortion; and (e) the woman is free to withdraw or withhold consent without loss of any state or federally funded benefits; (3) "the abortion will terminate the life of a whole, separate, unique, living human being;" and (4) state-prepared materials that:  (a) describe with pictures or drawings the probable anatomical and physical characteristics of the "unborn child" at two-week gestational increments, including the possibility of survival; (b) describe methods and the medical risks associated with each method and with carrying a pregnancy to term; (c) provide a comprehensive list of public and private agencies and services, including but not limited to adoption agencies, available to assist a woman through pregnancy, upon childbirth, and while her child is dependent, with a 24-hour toll-free hotline; (d) include information about medical assistance benefits and the "father's" liability for child support; (e) state that a physician who provides abortion care without a woman's "informed" consent may be liable to her for damages; (f) state that adoptive parents may legally pay the costs of prenatal care, childbirth, and neonatal care; and (g) include the following statement: "Many public and private agencies exist to provide counseling and information on available services.  You are strongly urged to seek their assistance to obtain guidance during your pregnancy.  In addition, you are encouraged to seek information on abortion services, alternatives to abortion, including adoption, and resources available to postpartum mothers.  The law requires that your physician or the physician's agent provide the enclosed information."

Kan. Stat. Ann. §§ 65-6701 (Enacted 1992, Last amended 2000), -6708 to -6711 (Enacted 1997, Last Amended 2011), -6712 (Enacted 1997, Last Amended 1998), to -6715 (Enacted 1997).

The state-prepared materials include enlarged color photographs of fetuses.  Kan. Dep't Of Health & Env't, If You Are Pregnant (Rev. July 1999), at

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