Indiana Code
Ind. Code § 16-34-4-8 (2026)
Abortion prohibited if the person knows that the abortion is being sought solely because of the race, color, national origin, or ancestry of the fetus
✓ current as of May 2026
Sec. 8. (a) A person may not intentionally perform or attempt to perform an abortion allowed under IC 16-34-2 if the person knows that the pregnant woman is seeking the abortion solely because of the race, color, national origin, or ancestry of the fetus.
(b) A person may not intentionally perform or attempt to perform an abortion allowed under IC 16-34-2 if the person knows that the pregnant woman is seeking the abortion solely because of the race, color, national origin, or ancestry of the fetus.
(c) This section is severable as specified in IC 1-1-1-8.
As added by P.L.213-2016, SEC.22. Amended by P.L.179-2022(ss), SEC.35.
Notes of Decisions
Cited in 2
cases, 2016–2017 · leading case: Planned Parenthood of Indiana & Kentucky, Inc. v. Comm'r, Indiana State Dep't of Health, 265 F. Supp. 3d 859 (S.D. Ind. 2017).
Planned Parenthood of Indiana & Kentucky, Inc. v. Comm'r, Indiana State Dep't of Health, 265 F. Supp. 3d 859 (S.D. Ind. 2017). “Code § 16-34-4-5 through Ind. Code § 16-34-4-8 ; (b) Requires as part of the “informed consent” process that women seeking abortions be informed that they are unable to obtain an abortion if their sole reason for doing so is because of the fetus’s race, color, national origin,…”
Planned Parenthood of Indiana & Kentucky, Inc. v. Comm'r, 194 F. Supp. 3d 818 (S.D. Ind. 2016). “if the person knows that the pregnant woman is seeking” an abortion: (1) “solely because of the sex of the fetus,” §§ 16-34-4-4, 16-34-4-5; (2) “solely because the fetus has been diagnosed with, or has a potential diagnosis of, Down syndrome or any other disability,” §§…”
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