§ 3202. Legislative intent.
(a) Rights and interests.--It is the intention of the General Assembly of the Commonwealth of Pennsylvania to
protect hereby the life and health of the woman subject to abortion and to protect
the life and health of the child subject to abortion. It is the further intention
of the General Assembly to foster the development of standards of professional conduct
in a critical area of medical practice, to provide for development of statistical
data and to protect the right of the minor woman voluntarily to decide to submit to
abortion or to carry her child to term. 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.
(b) Conclusions.--Reliable and convincing evidence has compelled the General Assembly to conclude and
the General Assembly does hereby solemnly declare and find that:
(1) Many women now seek or are encouraged to undergo abortions without full knowledge
of the development of the unborn child or of alternatives to abortion.
(2) The gestational age at which viability of an unborn child occurs has been lowering
substantially and steadily as advances in neonatal medical care continue to be made.
(3) A significant number of late-term abortions result in live births, or in delivery
of children who could survive if measures were taken to bring about breathing. Some
physicians have been allowing these children to die or have been failing to induce
breathing.
(4) Because the Commonwealth places a supreme value upon protecting human life, it is
necessary that those physicians which it permits to practice medicine be held to precise
standards of care in cases where their actions do or may result in the death of an
unborn child.
(5) A reasonable waiting period, as contained in this chapter, is critical to the assurance
that a woman elect to undergo an abortion procedure only after having the fullest
opportunity to give her informed consent thereto.
(c) Construction.--In every relevant civil or criminal proceeding in which it is possible to do so without
violating the Federal Constitution, the common and statutory law of Pennsylvania shall
be construed so as to extend to the unborn the equal protection of the laws and to
further the public policy of this Commonwealth encouraging childbirth over abortion.
(d) Right of conscience.--It is the further public policy of the Commonwealth of Pennsylvania to respect and
protect the right of conscience of all persons who refuse to obtain, receive, subsidize,
accept or provide abortions including those persons who are engaged in the delivery
of medical services and medical care whether acting individually, corporately or in
association with other persons; and to prohibit all forms of discrimination, disqualification,
coercion, disability or imposition of liability or financial burden upon such persons
or entities by reason of their refusing to act contrary to their conscience or conscientious
convictions in refusing to obtain, receive, subsidize, accept or provide abortions.
Notes of Decisions
Cited in
14
cases (
5 in the last 5 years), 1984–2026 · leading case:
Commonwealth v. Booth, 766 A.2d 843 (Pa. 2001).
Commonwealth v. Booth, 766 A.2d 843 (Pa. 2001).
· cites it 3× “See 18 Pa.C.S. § 3202(a). To that end, the General Assembly directed as follows: (c) Construction.”
In the Interest of Doe, 33 A.3d 615 (Pa. 2011).
· cites it 2× “” 18 Pa.C.S. § 3202(a). Appellant concludes that her choice to utilize the protections afforded by the statute without parental consultation cannot be used against her as a basis for denying her application for judicial authorization.”
Commonwealth v. Markum, 541 A.2d 347 (Pa. 1988).
· cites it 2× “" 18 Pa.C.S. § 3202(c) (emphasis ours). Clearly, to permit private citizens the right to prevent women from exercising their right to abortion would be a violation of both state statute and federal constitutional law.”
Am. Coll. of Obstetricians & Gynecologists v. Thornburgh, 613 F. Supp. 656 (E.D. Pa. 1985).
· cites it 2× “18 Pa.Cons.Stat.Ann. § 3202(d). 9. The Bureau of Alcohol, Firearms and Tobacco investigated 30 bombings of abortion clinics and counselling centers in the years 1982, 1983, and 1984, twenty-four of which occurred in 1984.”
Karlin v. Foust, 188 F.3d 446 (7th Cir. 1999).
“It is reasonable to conclude that the Court’s decision not to engage in any inquiry into the Pennsylvania statute’s purpose indicates that the nature and structure of that statute’s provisions coupled with the express indications of the Pennsylvania legislature contained in the…”
Fischer v. Commonwealth, 482 A.2d 1148 (Pa. Commw. Ct. 1984).
“18 Pa. C. S. §3202. Petitioners seriously misconstrue the Commonwealth’s position regarding the state’s constitutional duties and responsibilities when allocating public benefits and the United States Supreme Court’s holding in Harris.”
Fischer v. Commonwealth, 543 A.2d 177 (Pa. Commw. Ct. 1988).
“Act 31 is the latest in a series of amendments to the Abortion Control Act through which the Pennsylvania General Assembly has exercised its legislative discretion to further its avowed interest in favoring childbirth over abortion, 18 Pa.”
Commonwealth v. Kemp, 18 Pa. D. & C.4th 53 (1992).
“” 18 Pa.C.S. §3202 (emphasis added) Similarly, it has been held that the term “human being,” as used in the criminal homicide statute, “means a person who has been bom alive as those words are commonly understood so that the act of feticide, as distinguished from abortion, is…”
Allegheny Reproductive Health Ctr. v. PA DHS (Pa. Commw. Ct. 2026).
· cites it 6× “He notes the legislature’s statement of its purpose “to protect the life and health of 20 the child subject to abortion,” 18 Pa.C.S. § 3202(a), and argues this statute recognizes a compelling state interest.”
Allegheny Reprod. Health v. PA DHS (Pa. 2024).
· cites it 2× “]” 18 Pa.C.S. § 3202(a). They assert that the state’s interest does not justify overriding a woman’s right to make choices about her life’s course, health, and well-being.”
Allegheny Reprod. Health v. PA DHS (Pa. 2024).
· cites it 2× “See 18 Pa.C.S. § 3202(a) (reflecting an intent to promote maternal life and health); see also Brief of Amici American Association of Pro-Life Obstetricians & Gynecologists, at 4-21 (detailing the adverse health effects of abortion); McCorvey v.”
— 18 Pa. Cons. Stat. § 3202(a) — 9 cases
Commonwealth v. Booth, 766 A.2d 843 (Pa. 2001).
“See 18 Pa.C.S. § 3202(a). To that end, the General Assembly directed as follows: (c) Construction.”
In the Interest of Doe, 33 A.3d 615 (Pa. 2011).
“” 18 Pa.C.S. § 3202(a). Appellant concludes that her choice to utilize the protections afforded by the statute without parental consultation cannot be used against her as a basis for denying her application for judicial authorization.”
Karlin v. Foust, 188 F.3d 446 (7th Cir. 1999).
“It is reasonable to conclude that the Court’s decision not to engage in any inquiry into the Pennsylvania statute’s purpose indicates that the nature and structure of that statute’s provisions coupled with the express indications of the Pennsylvania legislature contained in the…”
Allegheny Reproductive Health Ctr. v. PA DHS (Pa. Commw. Ct. 2026).
“He notes the legislature’s statement of its purpose “to protect the life and health of 20 the child subject to abortion,” 18 Pa.C.S. § 3202(a), and argues this statute recognizes a compelling state interest.”
— 18 Pa. Cons. Stat. § 3202(b) — 1 case
Commonwealth v. Booth, 766 A.2d 843 (Pa. 2001).
“See 18 Pa.C.S. § 3202(a). To that end, the General Assembly directed as follows: (c) Construction.”
— 18 Pa. Cons. Stat. § 3202(c) — 4 cases
Commonwealth v. Booth, 766 A.2d 843 (Pa. 2001).
“See 18 Pa.C.S. § 3202(a). To that end, the General Assembly directed as follows: (c) Construction.”
Commonwealth v. Markum, 541 A.2d 347 (Pa. 1988).
“" 18 Pa.C.S. § 3202(c) (emphasis ours). Clearly, to permit private citizens the right to prevent women from exercising their right to abortion would be a violation of both state statute and federal constitutional law.”
Fischer v. Commonwealth, 543 A.2d 177 (Pa. Commw. Ct. 1988).
“Act 31 is the latest in a series of amendments to the Abortion Control Act through which the Pennsylvania General Assembly has exercised its legislative discretion to further its avowed interest in favoring childbirth over abortion, 18 Pa.”
Allegheny Reprod. Health v. PA DHS (Pa. 2024).
“]” 18 Pa.C.S. § 3202(a). They assert that the state’s interest does not justify overriding a woman’s right to make choices about her life’s course, health, and well-being.”
— 18 Pa. Cons. Stat. § 3202(d) — 2 cases
Am. Coll. of Obstetricians & Gynecologists v. Thornburgh, 613 F. Supp. 656 (E.D. Pa. 1985).
“18 Pa.Cons.Stat.Ann. § 3202(d). 9. The Bureau of Alcohol, Firearms and Tobacco investigated 30 bombings of abortion clinics and counselling centers in the years 1982, 1983, and 1984, twenty-four of which occurred in 1984.”
Allegheny Reproductive Health Ctr. v. PA DHS (Pa. Commw. Ct. 2026).
“He notes the legislature’s statement of its purpose “to protect the life and health of 20 the child subject to abortion,” 18 Pa.C.S. § 3202(a), and argues this statute recognizes a compelling state interest.”
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