Idaho Code
Idaho Code

Idaho Code § 18-608 (2026)

Certain abortions permitted — Conditions and guidelines. 

✓ current as of May 2026
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Certain abortions permitted — Conditions and guidelines. 

(1) Abortions shall only be lawful if and when performed in a hospital or in a physician’s regular office or a clinic, which office or clinic is properly staffed and equipped for the performance of such procedures and respecting which the responsible physician or physicians have made satisfactory arrangements with one (1) or more acute care hospitals within reasonable proximity thereof providing for the prompt availability of hospital care as may be required due to complications or emergencies that might arise.

(2)   An abortion performed upon a woman who is in the second trimester of pregnancy shall only be lawful if the same is performed in a hospital.
(3)   An abortion performed upon a woman who is in the third trimester of pregnancy shall only be lawful if the same is performed in a hospital and, in the judgment of the attending physician, corroborated by a like opinion of a consulting physician concurring therewith, either is necessary for the preservation of the life of such woman or, if not performed, such pregnancy would terminate in birth or delivery of a fetus unable to survive. Third-trimester abortions undertaken for preservation of the life of a pregnant patient, as permitted by this subsection, shall, consistent with accepted medical practice and with the well-being and safety of such patient, be performed in a manner consistent with preservation of any reasonable potential for survival of a viable fetus.
(4)  Nothing in this section shall make legal any abortion that is otherwise illegal under any other law of this state, including section 18-622, Idaho Code.
Notes of Decisions
Cited in 6 cases, 1985–2015 · leading case: McCormack v. Hiedeman, 900 F. Supp. 2d 1128 (D. Idaho 2013).
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McCormack v. Hiedeman, 900 F. Supp. 2d 1128 (D. Idaho 2013). · cites it 78× “” Section 18-608 entitled “Certain abortions permitted — Conditions and guidelines” limits the applicability of section 18-606.”
Jennie McCormack v. Mark Hiedeman, 694 F.3d 1004 (9th Cir. 2012). · cites it 10× “Statutes This case requires the interpretation of three Idaho abortion statutes: Idaho Code § 18-606 , Idaho Code § 18-608 , and Idaho Code § 18-505 .”
Mazurek v. Armstrong, 520 U.S. 968 (1997). · cites it 4× “…1997); Ga. Code Ann. § 16— 12-141(a) (1996); id., § 43-34-27 (1994); Haw. Rev. Stat. §§ 453-4 , 453— 16(a)(1) (1993); Idaho Code § 18-608 (1997); id., §§ 54-1803(3), 54-1803(4) (1994); Ill. Comp. Stat., ch. 225, § 60/11 (1993); id., ch. 720, §§ 510/2(2), 510/ 3.1 (1993); Ind.…”
Matter of Writ of Prohibition, 912 P.2d 634 (Idaho 1995). · cites it 14× “Idaho Code § 18-608 sets forth the abortions which are expressly permitted by the act, by dividing the human gestation period into three trimesters.”
Blake v. Cruz, 698 P.2d 315 (Idaho 1985). · cites it 4× “Under I.C. § 18-608, she had no right to an abortion during the third trimester because under that statute abortions may only be performed during the third trimester when "necessary for the preservation of the life of such woman or, if not performed, such pregnancy would…”
Jennie McCormack v. Stephen Herzog, 788 F.3d 1017 (9th Cir. 2015). “Idaho Code Ann. § 18-608 (1) (emphasis added).”
— Idaho Code § 18-608(1) — 1 case
McCormack v. Hiedeman, 900 F. Supp. 2d 1128 (D. Idaho 2013). “” Section 18-608 entitled “Certain abortions permitted — Conditions and guidelines” limits the applicability of section 18-606.”
— Idaho Code § 18-608(2) — 1 case
McCormack v. Hiedeman, 900 F. Supp. 2d 1128 (D. Idaho 2013). “” Section 18-608 entitled “Certain abortions permitted — Conditions and guidelines” limits the applicability of section 18-606.”
— Idaho Code § 18-608(3) — 1 case
Matter of Writ of Prohibition, 912 P.2d 634 (Idaho 1995). “Idaho Code § 18-608 sets forth the abortions which are expressly permitted by the act, by dividing the human gestation period into three trimesters.”
— Idaho Code § 18-608(l) — 1 case
McCormack v. Hiedeman, 900 F. Supp. 2d 1128 (D. Idaho 2013). “” Section 18-608 entitled “Certain abortions permitted — Conditions and guidelines” limits the applicability of section 18-606.”
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