Missouri Revised Statutes

Mo. Rev. Stat. § 188.025 (2026)

Hospital required, when

✓ current as of May 2026

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188.025. Hospital required, when. — Every abortion performed at sixteen weeks gestational age or later shall be performed in a hospital.

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(L. 1974 H.B. 1211 § 4, A.L. 1979 H.B. 523, et al., A.L. 1986 H.B. 1596)

(1981) A requirement that second trimester dilation and evacuation abortions be performed in hospital is unconstitutional because the court found that an outpatient procedure was no more dangerous to maternal health than a hospital procedure while being far less expensive. Planned Parenthood v. Ashcroft (8th Cir.), 664 F.2d 687.

(1983) The second-trimester hospitalization requirement of this statute is unconstitutional because it unreasonably infringes upon a woman's constitutional right to obtain an abortion. Planned Parenthood of Kansas City, Mo. v. Ashcroft, 103 S.Ct. 2517.

(1987) United States District Court for the Western District of Missouri Central Division, on March 17, 1987, held that section 188.025 was unconstitutional and the state was permanently enjoined from enforcing this provision. Reproductive Health Services v. William L. Webster, 655 F.Supp. 1300 (W.D. Mo.).

(1988) United States Court of Appeals for the Eighth Circuit affirmed the district court's judgment that this section is unconstitutional. Reproductive Health Services v. William L. Webster, 851 F.2d 1071 (8th Cir.).

Notes of Decisions

Cited in 6 cases, 1980–1997 · leading case: Reproductive Health Servs. v. Webster, 662 F. Supp. 407 (W.D. Mo. 1987).

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Reproductive Health Servs. v. Webster, 662 F. Supp. 407 (W.D. Mo. 1987). · cites it 13× “Summary Judgment Prior to trial, the plaintiffs moved for summary judgment, urging that Mo.Rev. Stat. §§ 188.025,188.029,188.039, 2, 3, and 4 be declared unconstitutional as a matter of law.”

Webster v. Reproductive Health Servs., 492 U.S. 490 (1989). · cites it 2× “In 1979, Missouri passed legislation that, inter alia, required abortions after 12 weeks to be performed in a hospital, Mo. Rev. Stat. § 188.025 (Supp. 1979); required a pathology report for each abortion performed, § 188.”

Planned Parenthood Assn. of Kansas City, Mo., Inc. v. Ashcroft, 462 U.S. 476 (1983). · cites it 2× “The sections relevant here include Mo. Rev. Stat. § 188.025 (Supp. 1982), requiring that abortions after 12 weeks of pregnancy be performed in a hospital; [1] § 188.”

Planned Parenthood Ass'n of Kansas City, Missouri, Inc. v. Ashcroft, 483 F. Supp. 679 (W.D. Mo. 1980). · cites it 4× “Defendants concede that the corporate plaintiffs have standing to challenge § 188.025, the requirement that post-twelve week abortions be performed only in a hospital, and § 188.”

Reproductive Health Servs. v. Webster, 655 F. Supp. 1300 (W.D. Mo. 1987). · cites it 13× “Summary Judgment Prior to trial, the plaintiffs moved for summary judgment, urging that Mo.Rev. Stat. §§ 188.025, 188.029, 188.039, 2, 3, and 4 be declared unconstitutional as a matter of law.”

State v. Holcomb, 956 S.W.2d 286 (Mo. Ct. App. 1997). · cites it 3× “Section 188.025, RSMo 1994. Section 188.027 provides, “No abortion shall be performed except with the prior, informed and written consent freely given of the pregnant woman.”

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