28 C.F.R. § 551.23

Abortion

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(a) The inmate has the responsibility to decide either to have an abortion or to bear the child.

(b) The Warden shall offer to provide each pregnant inmate with medical, religious, and social counseling to aid her in making the decision whether to carry the pregnancy to full term or to have an elective abortion. If an inmate chooses to have an abortion, she shall sign a statement to that effect. The inmate shall sign a written statement acknowledging that she has been provided the opportunity for the counseling and information called for in this policy.

(c) Upon receipt of the inmate's written statements required by paragraph (b) of this section, ordinarily submitted through the unit manager, the Clinical Director shall arrange for an abortion to take place.

[51 FR 47178, Dec. 30, 1986, as amended at 59 FR 62968, Dec. 6, 1994]

Notes of Decisions

Cited in 7 cases, 1986–2019 · leading case: J.D. v. Alex Azar, II, 925 F.3d 1291 (D.C. Cir. 2019).

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J.D. v. Alex Azar, II, 925 F.3d 1291 (D.C. Cir. 2019). “pdf; 28 C.F.R. § 551.23 . The government, then, is sensitive to the asserted burden of "facilitating" abortions solely when it comes to minors in immigration custody.”

Rochelle Garza v. Eric Hargan [ORDER IN SLIP OPINION FORMAT], 874 F.3d 735 (D.C. Cir. 2017). · cites it 2× “pdf; 28 C.F.R. § 551.23 . 13 constitutionally sufficient justification for flatly forbidding termination of her pregnancy.”

Gibson v. Matthews, 926 F.2d 532 (6th Cir. 1991). · cites it 4× “28 C.F.R. § 551.23 . A bar on federal payment for inmate abortions was mandated by statute in 1986.”

Reproductive Health Servs. v. Webster, 662 F. Supp. 407 (W.D. Mo. 1987). “28 C.F.R. § 551.23 (1986) provides: Abortion (a) The inmate has the responsibility for deciding to have an abortion or bear the child.”

Monmouth Cnty. Corr. Institutional Inmates v. Lanzaro, 834 F.2d 326 (3rd Cir. 1987). “The County does not contend that a woman’s constitutional right to choose an abortion does not survive in the prison context due to the very fact of incarceration.”

Monmouth Cnty. Corr. Inst. Inmates v. Lanzaro, 643 F. Supp. 1217 (D.N.J. 1986). “See Stipulation of Facts dated May 20, 1986 and 28 C.F.R. § 551.23 (d) (1985), which provides: "At the inmate’s request, medical staff shall arrange for the abortion to take place at a hospital or clinic outside the institution.”

Reproductive Health Servs. v. Webster, 655 F. Supp. 1300 (W.D. Mo. 1987). “28 C.F.R. § 551.23 (1986) provides: Abortion (a) The inmate has the responsibility for deciding to have an abortion or bear the child.”

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