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Oklahoma

Restrictions on Low-Income Women's Access to Abortion

Oklahoma prohibits public funding for abortion for women eligible for state medical assistance for general health care unless:  (1) the procedure is necessary to preserve the life of a woman endangered by a physical disorder, injury, or illness, including a life-endangering physical condition caused by or arising from the pregnancy itself; or (2) the pregnancy is the result of rape or incest reported to the police or a counselor unless the physician certifies that the woman is unable to report the crime for physical or psychological reasons and provides certification and supporting documentation for pre-approval.  Okla. Admin. Code § 317:30-5-6(a).

Funding for abortion in cases of rape or incest will be provided only as long as Congress considers these services medically necessary and federal funds are available.  Okla. Admin. Code § 317:30-5-50(a).

An invalid statute prohibits public funding for abortion unless the procedure is necessary to preserve the woman's life.  Okla. Stat. Ann. tit. 56, § 206(C) (Enacted 1987).  A court held that this statute conflicts with federal law prohibiting participating states from excluding abortion from the Medicaid program in cases of rape or incest as well as life endangerment, and declared the law invalid.  Courage v. McFall, No. 94-C-356-K (N.D. Okla. Mar. 8, 1995).  In 2003, the Oklahoma legislature repealed the statute.  S.B. 610, 49th Leg. Sess., 1st Sess. (Okla. 2003).


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