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

Okla. Stat. tit. 63, § 1-732 (2026)

Viable fetus - Grounds to abort - Procedure

✓ current as of July 2026
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A. No person shall perform or induce an abortion upon a pregnant woman after such time as her unborn child has become viable unless such abortion is necessary to prevent the death of the pregnant woman or to prevent impairment to her health. B. An 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 pregnant woman, based upon either information provided by her or by an examination by her attending physician. If it is the judgment of the attending physician that a particular unborn child is not viable where the presumption of viability exists as to that particular unborn child, then he shall certify in writing the precise medical criteria upon which he has determined that the particular unborn child is not viable before an abortion may be performed or induced. C. No abortion of a viable unborn child shall be performed or induced except after written certification by the attending physician that in his best medical judgment the abortion is necessary to prevent the death of the pregnant woman or to prevent an impairment to her health. The physician shall further certify in writing the medical indications for such abortion and the probable health consequences if the abortion is not performed or induced. D. The physician who shall perform or induce an abortion upon a pregnant woman after such time as her unborn child has become viable shall utilize the available method or technique of abortion most likely to preserve the life and health of the unborn child, unless he shall first certify in writing that in his best medical judgment such method or technique shall present a significantly greater danger to the life or health of the pregnant woman than another available method or technique. E. An abortion of a viable unborn child shall be performed or induced only when there is in attendance a physician other than the physician performing or inducing the abortion who shall take control of and provide immediate medical care for the child. During the performance or inducing of the abortion, the physician performing it, and subsequent to it, the physician required by this section to be in attendance, shall take all reasonable steps in keeping with good medical practice, consistent with the procedure used, to preserve the life and health of the child, in the same manner as if the child had been born naturally or spontaneously. The requirement of the attendance of a second physician may be waived when in the

best judgment of the attending physician a medical emergency exists and further delay would result in a serious threat to the life or physical health of the pregnant woman. Provided that, under such emergency circumstances and waiver, the attending physician shall have the duty to take all reasonable steps to preserve the life and health of the child before, during and after the abortion procedure, unless such steps shall, in the best medical judgment of the physician, present a significantly greater danger to the life or health of the pregnant woman. F. Any person violating subsection A of this section shall be guilty of homicide. Added by Laws 1978, c. 207, § 4, eff. Oct. 1, 1978. Amended by Laws 1997, c. 133, § 524, eff. July 1, 1999. NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 524 from July 1, 1998, to July 1, 1999. 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 6 cases (1 in the last 5 years), 1996–2023 · leading case: Nealis v. Baird, 1999 OK 98 (Okla. 1999).
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Nealis v. Baird, 1999 OK 98 (Okla. 1999). · cites it 9× “VI STATUTES MANDATING THE STANDARD OF CARE OWED TO A VIABLE FETUS DURING THE PROCESS OF ABORTION AND CREATING A PRESUMPTION OF VIABILITY ARE NOT APPLICABLE TO BABIES NATURALLY BORN ¶ 54 Plaintiffs argued on appeal that the trial court should have instructed the jury on the…”
McCarty v. State, 2002 OK CR 4 (Okla. Crim. App. 2002). · cites it 5× “" 63 O.S.Supp.1998, § 1-732(B); see also Davis v.”
Davis v. Fieker, 1997 OK 156 (Okla. 1998). · cites it 2× “[18] Okla.Stat. tit. 63, § 1-701(2) (1991). [19] Full term of pregnancy is reached at 40 weeks after a woman's last normal menstrual period.”
In Re Unborn Child of Starks, 2001 OK 6 (Okla. 2001). “, 63 O.S.Supp.2000, § 1-732 (entitled "Viable fetus-Grounds to abort-Procedure" and states in section (B), "An 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 pregnant…”
Liddington v. Burns, 916 F. Supp. 1127 (W.D. Okla. 1996). “SHORT DID NOT CAUSE DAMAGE TO THE PLAINTIFFS Title 63 O.S. § 1-732 sets out parameters within which an abortion may be performed in the State of Oklahoma.”
Question Submitted by: The Honorable Warren Hamilton, Oklahoma State Senate, Dist. 7, 2023 OK AG 12 (Okla. Att’y Gen. 2023). “" 63 O.S.Supp.1978, § 1-732(F); see also id.”
Okla. Stat. tit. 63, § 1-732(B): 3 cases
McCarty v. State, 2002 OK CR 4 (Okla. Crim. App. 2002). “" 63 O.S.Supp.1998, § 1-732(B); see also Davis v.”
Nealis v. Baird, 1999 OK 98 (Okla. 1999). “VI STATUTES MANDATING THE STANDARD OF CARE OWED TO A VIABLE FETUS DURING THE PROCESS OF ABORTION AND CREATING A PRESUMPTION OF VIABILITY ARE NOT APPLICABLE TO BABIES NATURALLY BORN ¶ 54 Plaintiffs argued on appeal that the trial court should have instructed the jury on the…”
Davis v. Fieker, 1997 OK 156 (Okla. 1998). “[18] Okla.Stat. tit. 63, § 1-701(2) (1991). [19] Full term of pregnancy is reached at 40 weeks after a woman's last normal menstrual period.”
Okla. Stat. tit. 63, § 1-732(E): 1 case
Nealis v. Baird, 1999 OK 98 (Okla. 1999). “VI STATUTES MANDATING THE STANDARD OF CARE OWED TO A VIABLE FETUS DURING THE PROCESS OF ABORTION AND CREATING A PRESUMPTION OF VIABILITY ARE NOT APPLICABLE TO BABIES NATURALLY BORN ¶ 54 Plaintiffs argued on appeal that the trial court should have instructed the jury on the…”
Okla. Stat. tit. 63, § 1-732(F): 1 case
Question Submitted by: The Honorable Warren Hamilton, Oklahoma State Senate, Dist. 7, 2023 OK AG 12 (Okla. Att’y Gen. 2023). “" 63 O.S.Supp.1978, § 1-732(F); see also id.”
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