Okla. Stat. » Title 63 — PUBLIC HEALTH AND SAFETY
Oklahoma Statutes

Okla. Stat. tit. 63, § 1-730 (2026)

Definitions

✓ current as of July 2026
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A. As used in this article: 1. "Abortion" means the use or prescription of any instrument, medicine, drug, or any other substance or device intentionally to terminate the pregnancy of a female known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, to remove an ectopic pregnancy, or to remove a dead unborn child who died as the result of a spontaneous miscarriage, accidental trauma, or a criminal assault on the pregnant female or her unborn child; 2. "Attempt to perform an abortion" means an act, or an omission of a statutorily required act, that under the circumstances as the actor believes them to be constitutes a substantial step in a course of conduct planned to culminate in the performance of an abortion; 3. "Certified technician" means a Registered Diagnostic Medical Sonographer who is certified in obstetrics and gynecology by the American Registry for Diagnostic Medical Sonography (ARDMS) or a Nurse Midwife or Advance Practice Nurse Practitioner in Obstetrics with certification in obstetrical ultrasonography; 4. "Unborn child" or "unborn person" means the unborn offspring of human beings from the moment of conception, through pregnancy, and until live birth including the human conceptus, zygote, morula, blastocyst, embryo and fetus;

5. "Unemancipated minor" means any person less than eighteen (18) years of age who is not or has not been married or who is under the care, custody, and control of the person's parent or parents, guardian, or juvenile court of competent jurisdiction; 6. "Viable" means potentially able to live outside of the womb of the mother upon premature birth, whether resulting from natural causes or an abortion; 7. "Conception" means the fertilization of the ovum of a female individual by the sperm of a male individual; 8. "Health" means physical or mental health; 9. "Department" means the State Department of Health; and 10. "Inducing an abortion" means the administration by any person, including the pregnant woman, of any substance designed or intended to cause an expulsion of the unborn child, effecting an abortion as defined above. B. Nothing contained herein shall be construed in any manner to include any contraceptive device or medication or sterilization procedure. Added by Laws 1978, c. 207, § 2, eff. Oct. 1, 1978. Amended by Laws 2007, c. 161, § 1, eff. Nov. 1, 2007; Laws 2009, c. 227, § 1, eff. Nov. 1, 2009; Laws 2020, c. 149, § 3, eff. Nov. 1, 2020. NOTE: Laws 2007, c. 161 was presented to the Governor and became law without his signature pursuant to § 11 of Article VI of the Oklahoma Constitution. It was filed in the Office of the Secretary of State on May 24, 2007. NOTE: The conditional repeal of this section by Laws 2021, c. 308, § 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff. April 29, 2022.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1996–2021 · leading case: McCarty v. State, 2002 OK CR 4 (Okla. Crim. App. 2002).
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McCarty v. State, 2002 OK CR 4 (Okla. Crim. App. 2002). · cites it 2× “" 63 O.S.Supp. 1998, § 1-730(3). [1] Also within these statutes, there is set forth a rebuttable presumption that "[a]n unborn child shall be presumed to be viable if more than twenty-four (24) weeks have elapsed since the probable beginning of the last menstrual period of the…”
In Re Unborn Child of Starks, 2001 OK 6 (Okla. 2001). “2000, § 551-102, Uniform Child Custody Jurisdiction and Emforeement Act (wherein the legislature defines "child" to mean an individual who has not attained eighteen (18) years of age and further states in regard to a child's "home state," that the term "means the state in which…”
Liddington v. Burns, 916 F. Supp. 1127 (W.D. Okla. 1996). “Title 63 O.S. § 1-730 provides definitions for Oklahoma’s abortion statutes, and therein “health” means physical or mental health.”
South Wind Women's Ctr. LLC v. Stitt (W.D. Okla. 2020). “As to abortion procedures, the Governor on March 27, 2020, stated in a Press Release that the postponement referenced in the Executive Order applied to “any type of abortion services as defined in 63 O.S. § 1-730(A)(1) [that] are not a medical emergency as defined in 63 O.”
South Wind Women's Ctr. LLC v. Stitt (W.D. Okla. 2021). “On March 27, 2020, the Governor stated in a press release that the postponement referenced in the Executive Order applied to “any type of abortion services as defined in 63 O.S. § 1-730(A)(1) [that] [is] not a medical emergency as defined in 63 O.”
Okla. Stat. tit. 63, § 1-730(3): 1 case
McCarty v. State, 2002 OK CR 4 (Okla. Crim. App. 2002). “" 63 O.S.Supp. 1998, § 1-730(3). [1] Also within these statutes, there is set forth a rebuttable presumption that "[a]n unborn child shall be presumed to be viable if more than twenty-four (24) weeks have elapsed since the probable beginning of the last menstrual period of the…”
Okla. Stat. tit. 63, § 1-730(A)(1): 2 cases
South Wind Women's Ctr. LLC v. Stitt (W.D. Okla. 2020). “As to abortion procedures, the Governor on March 27, 2020, stated in a Press Release that the postponement referenced in the Executive Order applied to “any type of abortion services as defined in 63 O.S. § 1-730(A)(1) [that] are not a medical emergency as defined in 63 O.”
South Wind Women's Ctr. LLC v. Stitt (W.D. Okla. 2021). “On March 27, 2020, the Governor stated in a press release that the postponement referenced in the Executive Order applied to “any type of abortion services as defined in 63 O.S. § 1-730(A)(1) [that] [is] not a medical emergency as defined in 63 O.”
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