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Oklahoma · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Okla. Stat. tit. 63, § 63-1-732: Viable fetus - Grounds to abort - Procedure

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Where this section sits in the code
  1. OK Code
  2. Title 63

A. No person shall perform or induce an abortion upon a

pregnant woman after such time as her unborn child has become viable

unless such abortion is necessary to prevent the death of the

pregnant woman or to prevent impairment to her health.

B. An unborn child shall be presumed to be viable if more than

twenty-four (24) weeks have elapsed since the probable beginning of

the last menstrual period of the pregnant woman, based upon either

information provided by her or by an examination by her attending

physician. If it is the judgment of the attending physician that a

particular unborn child is not viable where the presumption of

viability exists as to that particular unborn child, then he shall

certify in writing the precise medical criteria upon which he has

determined that the particular unborn child is not viable before an

abortion may be performed or induced.

C. No abortion of a viable unborn child shall be performed or

induced except after written certification by the attending

physician that in his best medical judgment the abortion is

necessary to prevent the death of the pregnant woman or to prevent

an impairment to her health. The physician shall further certify in

writing the medical indications for such abortion and the probable

health consequences if the abortion is not performed or induced.

D. The physician who shall perform or induce an abortion upon a

pregnant woman after such time as her unborn child has become viable

shall utilize the available method or technique of abortion most

likely to preserve the life and health of the unborn child, unless

he shall first certify in writing that in his best medical judgment

such method or technique shall present a significantly greater

danger to the life or health of the pregnant woman than another

available method or technique.

E. An abortion of a viable unborn child shall be performed or

induced only when there is in attendance a physician other than the

physician performing or inducing the abortion who shall take control

of and provide immediate medical care for the child. During the

performance or inducing of the abortion, the physician performing

it, and subsequent to it, the physician required by this section to

be in attendance, shall take all reasonable steps in keeping with

good medical practice, consistent with the procedure used, to

preserve the life and health of the child, in the same manner as if

the child had been born naturally or spontaneously. The requirement

of the attendance of a second physician may be waived when in the

best judgment of the attending physician a medical emergency exists

and further delay would result in a serious threat to the life or

physical health of the pregnant woman. Provided that, under such

emergency circumstances and waiver, the attending physician shall

have the duty to take all reasonable steps to preserve the life and

health of the child before, during and after the abortion procedure,

unless such steps shall, in the best medical judgment of the

physician, present a significantly greater danger to the life or

health of the pregnant woman.

F. Any person violating subsection A of this section shall be

guilty of homicide.

Collected 2026-09-14T18:32:36Z. Source file · JSON

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