{"data":{"id":"us-ky/krs-311.823","jurisdiction":"us-ky","citation":"KRS 311.823","heading":"Denying or depriving a born-alive infant of care or treatment -- Duty","body":"of physician performing abortion -- Born-alive infant to be treated as legal\nperson  -- Born-alive infant to become  ward of the state if parent seeks to\nterminate parental rights -- Construction of section's requirements --\nLimitation of parent's criminal and civil liability.\n(1) A person shall not deny or deprive a born-alive infant of:\n(a) Nourishment with the intent to cause or allow the death of the infant for\nany reason, including but not limited to:\n1. The infant was born with a disability;\n2. The infant is not wanted by the parent or guardian; or\n3. The infant is born-alive by natural or artificial means; or\n(b) Medically appropriate and reasonable medical care, medical treatment, or\nsurgical care.\n(2) (a) A  physician performing an abortion shall take all medically appropriate\nand reasonable steps to preserve the life and health of a born-alive infant.\nIf an abortion performed in a:\n1. Hospital results in a live birth, the physician attending the abortion\nshall provide immediate medical care to the infant, inform the mother\nof the live birth, and request transfer of the infant to an on-duty\nresident or emergency care physician who shall provide medically\nappropriate and reasonable medical care and treatment to the\ninfant; or\n2. Medical facility other than a hospital results in a live birth, the\nphysician attending the abortion shall provide immediate medical\ncare to the infant and call 911 for an emergency transfer of the infant\nto a hospital that shall provide medically appropriate and reasonable\nmedical care and treatment to the infant.\n(b) If the physician is unable to perform the duties in paragraph (a) of this\nsubsection because he or she is assisting the woman  on whom  the\nabortion was performed, then an attending physician assistant, advanced\npractice registered nurse, nurse, or other healthcare provider shall\nassume  the duties outlined in paragraph (a) of this subsection.\n(3) Any  born-alive infant, including one  born in the course of an  abortion\nprocedure, shall be  treated as a legal person under the laws of this\nCommonwealth,  with the same rights to medically appropriate and reasonable\ncare and treatment. After birth, a birth certificate shall be issued and, if death\noccurs after birth, a death certificate shall be issued.\n(4) If the parent of a born-alive infant files a petition for voluntary termination of\nparental rights in accordance with KRS  625.040 because she or he does not\nwish to keep the infant, the born-alive infant shall become  a ward of the\nCabinet for Health and Family Services.\n(5) (a) The  requirements of this section shall not be construed to prevent a\nborn-alive infant's parent or guardian from refusing to give consent to\nmedical care, medical treatment, or surgical care which is not medically\nappropriate or reasonable, including care or treatment that:\n1. Is not necessary to save the life of the infant;\n2. Has  a potential risk to the infant's life or health that outweighs the\npotential benefit of the medical care or treatment; or\n3. Will do no more than temporarily prolong the act of dying when\ndeath is imminent.\n(b) The parent or guardian of a born-alive infant shall not be held criminally\nor  civilly liable for the actions of a physician, physician assistant,\nadvanced  practice registered nurse, nurse, or other healthcare provider\nthat are in violation of this section and to which the parent or guardian did\nnot give consent.","path":["KRS Chapter 311"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50604","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:06Z","sha256":"3e242e5c0e3e4040dccd182c3cd748b7ee6d62c8adbc577f97d26e54a5485651","source_id":"us-ky","stale":false,"prev":"us-ky/krs-311.822","next":"us-ky/krs-311.824"},"notice":"GroundRules: Original legal text. Not legal advice."}