Kentucky Revised Statutes

Ky. Rev. Stat. § 311.710 (2026)

Legislative findings

✓ current as of May 2026

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The General Assembly of the Commonwealth of Kentucky hereby finds and declares: (1) That it is in the interest of the people of the Commonwealth of Kentucky that every precaution be taken to insure the protection of every viable unborn child being aborted, and every precaution be taken to provide life-supportive procedures to insure the unborn child its continued life after its abortion; and (2) That currently, in the Commonwealth, there is inadequate legislation to protect the life, health and welfare of pregnant women and unborn human life; and (3) That it is in the interest of the people of the Commonwealth of Kentucky to maintain accurate statistical data to aid in providing proper maternal health regulations. (4) It is the intention of the General Assembly of the Commonwealth of Kentucky to assure the integrity and autonomy of a woman's decision whether to submit to an abortion or to carry her child to term, to protect the rights and interests of a minor incompetent woman and her parents in the context of abortion, to further the Commonwealth's compelling interest in protecting the formal integrity of the marital relation and the procreative rights and interests of the husband, and to provide for the development of statistical data. The General Assembly finds as fact that the rights and interests furthered by this chapter are not secure in the context in which abortion is presently performed. (5) It is the present intention of the General Assembly to protect the valid and compelling interests of the Commonwealth and its inhabitants without unduly burdening a woman's constitutional privacy rights as delineated by the courts. If, however, the United States Constitution is amended or relevant judicial decisions are reversed or modified, the declared policy of this Commonwealth to recognize and to protect the lives of all human beings regardless of their degree of biological development shall be fully restored. Effective: July 15, 1982 History: Amended 1982 Ky. Acts ch. 342, sec. 1, effective July 15, 1982. -- Created 1974 Ky. Acts ch. 255, sec. 1.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1988–2023 · leading case: Se. Kentucky Baptist Hosp., Inc. v. Gaylor, 756 S.W.2d 467 (Ky. 1988).

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Se. Kentucky Baptist Hosp., Inc. v. Gaylor, 756 S.W.2d 467 (Ky. 1988). · cites it 2× “KRS 311.710(1) expresses a public policy of taking every precaution to ensure the protection of every viable unborn child aborted.”

EMW Women's Surgical Ctr., P.S.C. v. Beshear, 283 F. Supp. 3d 629 (W.D. Ky. 2017). · cites it 4× “Prior to a woman giving informed consent to an abortion, H.B. 2 requires a physician to • perform an obstetric ultrasound on the woman; • give a simultaneous explanation of what the ultrasound depicts; • display the ultrasound images so that the woman may view them; • auscultate…”

Commonwealth v. Morris, 142 S.W.3d 654 (Ky. 2004). · cites it 2× “720 purports to apply the definitions enumerated therein to "KRS 311.710 to 311.820, and laws of the Commonwealth unless the context otherwise requires " *661 (emphasis added), the definition of "human being" was added to KRS 311.”

Daniel Cameron, in His Off. Capacity as Attorney Gen. of the Commonwealth of Kentucky v. Emw Women's Surgical Ctr., P.S.C., on Behalf of Itself, Its Staff & Its Patients (Ky. 2023). · cites it 2× “Additionally, in 1982, the General Assembly enacted KRS 311.710(5) to declare the public policy of Kentucky in light of the Roe decision.”

— Ky. Rev. Stat. § 311.710(1) — 1 case

Se. Kentucky Baptist Hosp., Inc. v. Gaylor, 756 S.W.2d 467 (Ky. 1988). “KRS 311.710(1) expresses a public policy of taking every precaution to ensure the protection of every viable unborn child aborted.”

— Ky. Rev. Stat. § 311.710(4) — 1 case

EMW Women's Surgical Ctr., P.S.C. v. Beshear, 283 F. Supp. 3d 629 (W.D. Ky. 2017). “Prior to a woman giving informed consent to an abortion, H.B. 2 requires a physician to • perform an obstetric ultrasound on the woman; • give a simultaneous explanation of what the ultrasound depicts; • display the ultrasound images so that the woman may view them; • auscultate…”

— Ky. Rev. Stat. § 311.710(5) — 1 case

Daniel Cameron, in His Off. Capacity as Attorney Gen. of the Commonwealth of Kentucky v. Emw Women's Surgical Ctr., P.S.C., on Behalf of Itself, Its Staff & Its Patients (Ky. 2023). “Additionally, in 1982, the General Assembly enacted KRS 311.710(5) to declare the public policy of Kentucky in light of the Roe decision.”

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