Kentucky Revised Statutes

Ky. Rev. Stat. § 507A.010 (2026)

Definitions -- Exceptions

✓ current as of May 2026

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(1) As used in this chapter:

(a) "Abortion" has the same meaning as in KRS 311.720;

(b) "Health care provider" has the same meaning as in KRS 304.17A-005; and

(c) "Unborn child" means a member of the species homo sapiens in utero from conception onward, without regard to age, health, or condition of dependency.

(2) In a prosecution for the death of an unborn child, nothing in this chapter shall apply to acts performed by or at the direction of a health care provider that cause the death of an unborn child if those acts were committed:

(a) During any abortion for which the consent of the pregnant woman has been obtained or for which the consent is implied by law in a medical emergency; or

(b) As part of or incident to diagnostic testing or therapeutic medical or fertility treatment, provided that the acts were performed with that degree of care and skill which an ordinarily careful, skilled, and prudent health care provider or a person acting under the provider's direction would exercise under the same or similar circumstances.

(3) Nothing in this chapter shall apply to any acts of a pregnant woman that caused the death of her unborn child. Effective: February 20, 2004 History: Created 2004 Ky. Acts ch. 1, sec. 1, effective February 20, 2004.

Notes of Decisions

Cited in 8 cases (4 in the last 5 years), 2010–2025 · leading case: State v. Courchesne, 998 A.2d 1 (Conn. 2010).

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State v. Courchesne, 998 A.2d 1 (Conn. 2010). · cites it 3× “§ 21-3452 (d) (2007) (extending definition of “person” in Kansas’ murder, manslaughter and vehicular homicide statutes to include “an unborn child,” regardless of viability); Ky. Rev. Stat. Ann. §§ 507A.010 (1) (c) and 507A.”

Jennie McCormack v. Mark Hiedeman, 694 F.3d 1004 (9th Cir. 2012). “”); Ky.Rev.Stat. Ann. § 507A.010(3)("nothing in this chapter shall apply to any acts of a pregnant woman that caused the death of her unborn child”); La.”

Ankrom v. State, 152 So. 3d 397 (Ala. 2013). “2011); Ky.Rev.Stat. § 507A.010 et seq. (fetal homicide) (2008); La.”

Epionn J. Lee-Mccampbell v. Commonwealth of Kentucky (Ky. 2023). · cites it 4× “However, KRS 507A.010 does not define the word “conception.”

McDonald v. DNA Diagnostics Ctr., Inc. (W.D. Ky. 2020). · cites it 2× “Ky. Rev. Stat. Ann. §§ 507A.010–.060, 311.”

Lawrence Miller, Jr. v. Brittany Bunch, Adm'x of the Est. of Autumn Raine Bunch (Ky. 2022). “Among these are KRS 507A.010(1)(c), effective February 20, 2004, 16 which defines “Unborn child” as “a member of the species homo sapiens in utero from conception onward, without regard to age, health, or condition of dependency”; KRS 311.”

Lisa Sobel v. Russell Coleman, in His Off. Capacity as Attorney Gen. of the Commonwealth of Kentucky (Ky. Ct. App. 2025). “KRS 507A.010(1)(c) defines unborn child as “a member of the species homo sapiens in utero from conception onward, without regard to age, health, or condition of dependency.”

— Ky. Rev. Stat. § 507A.010(1)(c) — 4 cases

Epionn J. Lee-Mccampbell v. Commonwealth of Kentucky (Ky. 2023). “However, KRS 507A.010 does not define the word “conception.”

— Ky. Rev. Stat. § 507A.010(3) — 1 case

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