{"data":{"id":"us-ky/krs-311.735","jurisdiction":"us-ky","citation":"KRS 311.735","heading":"Notice to spouse -- Exceptions -- Civil remedies.","body":"(1) Prior to performing an abortion, the physician who is to perform the abortion or his\nagent shall notify, if reasonably possible, the spouse of the woman upon whom the\nabortion is to be performed. If it is not reasonably possible to notify the spouse prior\nto the abortion, the physician or his agent shall do so, if reasonably possible, within\nthirty (30) days of the abortion.\n(2) (a) The requirements of this section shall not apply if, before the abortion is\nperformed, either party to a marriage has filed a petition for dissolution of\nmarriage which has been served on the respondent;\n(b) The requirements of this section shall not apply when, in the medical\njudgment of the attending physician based on the particular facts of the case\nbefore him, there exists a  medical emergency. In such a case, the physician\nshall describe the basis of his medical judgment that such an emergency exists\non a form prescribed by the cabinet as required by KRS 213.101, and the\nphysician or his agent shall notify, if reasonably poss ible, the spouse of the\nwoman upon whom the abortion was performed, within thirty (30) days of the\nabortion.\n(3) Failure to notify a spouse as required by this section is prima facie evidence of\ninterference with family relations in appropriate civil actio ns. The law of this\nCommonwealth shall not be construed to preclude the award of punitive damages or\ndamages for emotional distress, even if unaccompanied by physical complications\nin any civil action brought pursuant to violations of this section. Nothing  in this\nsection shall be construed to limit the common law rights of a husband.","path":["KRS Chapter 311"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=49365","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:06Z","sha256":"162afab4514f69613bebb76881d9fd2283ec774d55f9fb769d87fbcb0238b296","source_id":"us-ky","stale":false,"prev":"us-ky/krs-311.733","next":"us-ky/krs-311.740"},"notice":"GroundRules: Original legal text. Not legal advice."}