K.S.A. » Chapter 65
Kansas Statutes Annotated

K.S.A. § 65-6723 (2026)

Abortion of pain-capable unborn child; definitions

✓ current as of May 2026
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65-6723. Abortion of pain-capable unborn child; definitions. As used in K.S.A. 65-6722 through 65-6724, and amendments thereto:

(a) "Abortion" means the same as defined in K.S.A. 65-6701, and amendments thereto.

(b) "Bodily function" means physical function. The term "bodily function" does not include mental or emotional functions.

(c) "Department" means the department of health and environment.

(d) "Gestational age" means the time that has elapsed since the first day of the woman's last menstrual period.

(e) "Medical emergency" means the same as defined in K.S.A. 65-6701, and amendments thereto.

(f) "Pain-capable unborn child" means an unborn child having reached the gestational age of 22 weeks or more.

(g) "Physician" means a person licensed to practice medicine and surgery in this state.

(h) "Pregnant" or "pregnancy" means that female reproductive condition of having an unborn child in the mother's body.

History: L. 2011, ch. 41, § 2; L. 2014, ch. 87, § 7; L. 2023, ch. 88, § 6; July 1.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2024–2024 · leading case: Hodes & Nauser, MDs v. Kobach, 551 P.3d 37 (Kan. 2024).
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Hodes & Nauser, MDs v. Kobach, 551 P.3d 37 (Kan. 2024). “65-6724(a), the statute prohibiting abortion after the fetus is "pain- capable" (meaning the gestational age of 22 weeks or more [K.S.A. 65-6723]), provides: "No person shall perform or induce, or attempt to perform or induce an abortion upon a pain-capable unborn child unless…”
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