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Post-Viability Abortion Restriction

Oklahoma's post-viability abortion restriction states that no abortion may be provided after viability unless necessary to preserve the woman's life or health.  If more than 24 weeks have elapsed since the beginning of the woman's last menstrual period, a fetus shall be rebuttably presumed viable.  The physician must use the abortion method most likely to preserve the life and health of the fetus unless it poses a significantly greater risk to the woman's life or health than another available method.  Consistent with good medical practice and the procedure used, the physician must take all reasonable steps to preserve the life and health of the fetus.  A second physician must attend.  Okla. Stat. Ann. tit. 63, § 1-732 (Enacted 1978).

A court held that this law is constitutional.  Spencer v. Seikel, 742 P.2d 1126 (Okla. 1987).

NARAL Pro-Choice America supports the legal framework established in Roe v. Wade and does not oppose restrictions on post-viability abortion, such as Oklahoma's, that contain adequate exceptions to protect the woman's life and health.

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