Pennsylvania Consolidated Statutes

18 Pa. Cons. Stat. § 3205 (2026)

Informed consent.

✓ current as of May 2026

Coverage note: this corpus holds the consolidated Pa.C.S. titles only. Unconsolidated P.S. statutes (UTPCPL 73 P.S. § 201-1, Liquor Code, wage payment laws) are not included; a miss here does not mean the statute does not exist. Check palegis.us.

Find cases: SyfertCases citing this section PA-LEGpalegis.us JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

§ 3205. Informed consent.

(a) General rule.--No abortion shall be performed or induced except with the voluntary and informed consent of the woman upon whom the abortion is to be performed or induced. Except in the case of a medical emergency, consent to an abortion is voluntary and informed if and only if:

(1) At least 24 hours prior to the abortion, the physician who is to perform the abortion or the referring physician has orally informed the woman of:

(i) The nature of the proposed procedure or treatment and of those risks and alternatives to the procedure or treatment that a reasonable patient would consider material to the decision of whether or not to undergo the abortion.

(ii) The probable gestational age of the unborn child at the time the abortion is to be performed.

(iii) The medical risks associated with carrying her child to term.

(2) At least 24 hours prior to the abortion, the physician who is to perform the abortion or the referring physician, or a qualified physician assistant, health care practitioner, technician or social worker to whom the responsibility has been delegated by either physician, has informed the pregnant woman that:

(i) The department publishes printed materials which describe the unborn child and list agencies which offer alternatives to abortion and that she has a right to review the printed materials and that a copy will be provided to her free of charge if she chooses to review it.

(ii) Medical assistance benefits may be available for prenatal care, childbirth and neonatal care, and that more detailed information on the availability of such assistance is contained in the printed materials published by the department.

(iii) The father of the unborn child is liable to assist in the support of her child, even in instances where he has offered to pay for the abortion. In the case of rape, this information may be omitted.

(3) A copy of the printed materials has been provided to the pregnant woman if she chooses to view these materials.

(4) The pregnant woman certifies in writing, prior to the abortion, that the information required to be provided under paragraphs (1), (2) and (3) has been provided.

(b) Emergency.--Where a medical emergency compels the performance of an abortion, the physician shall inform the woman, prior to the abortion if possible, of the medical indications supporting his judgment that an abortion is necessary to avert her death or to avert substantial and irreversible impairment of major bodily function.

(c) Penalty.--Any physician who violates the provisions of this section is guilty of "unprofessional conduct" and his license for the practice of medicine and surgery shall be subject to suspension or revocation in accordance with procedures provided under the act of October 5, 1978 (P.L.1109, No.261), known as the Osteopathic Medical Practice Act, the act of December 20, 1985 (P.L.457, No.112), known as the Medical Practice Act of 1985, or their successor acts. Any physician who performs or induces an abortion without first obtaining the certification required by subsection (a)(4) or with knowledge or reason to know that the informed consent of the woman has not been obtained shall for the first offense be guilty of a summary offense and for each subsequent offense be guilty of a misdemeanor of the third degree. No physician shall be guilty of violating this section for failure to furnish the information required by subsection (a) if he or she can demonstrate, by a preponderance of the evidence, that he or she reasonably believed that furnishing the information would have resulted in a severely adverse effect on the physical or mental health of the patient.

(d) Limitation on civil liability.--Any physician who complies with the provisions of this section may not be held civilly liable to his patient for failure to obtain informed consent to the abortion within the meaning of that term as defined by the act of October 15, 1975 (P.L.390, No.111), known as the Health Care Services Malpractice Act.

(Mar. 25, 1988, P.L.262, No.31, eff. 30 days; Nov. 17, 1989, P.L.592, No.64, eff. 60 days)

1989 Amendment. Act 64 amended subsecs. (a) and (c).

References in Text. The act of October 15, 1975, P.L.390, No.111, known as the Health Care Services Malpractice Act, referred to in subsec. (d), was repealed by the act of March 20, 2002, P.L.154, No.13, known as the Medical Care Availability and Reduction of Error (MCARE) Act.

Cross References. Section 3205 is referred to in sections 3216, 3217 of this title.

Notes of Decisions

Cited in 25 cases (2 in the last 5 years), 1984–2024 · leading case: EMW Women's Surgical Ctr. v. Andrew Beshear, 920 F.3d 421 (6th Cir. 2019).

Sort: Relevance Newest Treatment

EMW Women's Surgical Ctr. v. Andrew Beshear, 920 F.3d 421 (6th Cir. 2019). · cites it 2× “2791 (quoting 18 Pa. Cons. Stat. § 3205 (a) ); Planned Parenthood of Se.”

Gretchen Stuart v. Paul Camnitz, 774 F.3d 238 (4th Cir. 2014). · cites it 4× “18 Pa. Cons. Stat. § 3205 (a)(1). The physician must give this information at least twenty-four hours prior to the abortion.”

Nat'l Inst. of Fam. & Life Advocates v. Becerra, 138 S. Ct. 2361 (2018). “) (quoting 18 Pa. Cons. Stat. §3205 (1990)). This time a joint opinion of the Court, in judging whether the State could impose these informational requirements, asked whether doing so imposed an “undue burden” upon women seeking an abortion.”

A Woman's Choice-East Side Women's Clinic v. Scott C. Newman, Prosecuting Attorney for Marion Cnty. Indiana, on Behalf of a Class of Prosecutors, 305 F.3d 684 (7th Cir. 2002). · cites it 2× “REVERSED For comparison, we reproduce the substantive portions of the statute at issue in Casey, 18 Pa. Cons.Stat. § 3205: (a)No abortion shall be performed or induced except with the voluntary and informed consent of the woman upon whom the abortion is to be performed or…”

Brown v. City of Pittsburgh, 543 F. Supp. 2d 448 (W.D. Pa. 2008). · cites it 4× “18 Pa. Cons.Stat. § 3205 (1989); In Re L.”

In the Interest of Doe, 33 A.3d 615 (Pa. 2011). · cites it 2× “18 Pa.C.S. § 3205(a). As the Superior Court recognized in L.”

Women's Med. Prof'l Corp. Martin Haskell, Md v. Bob Taft, Governor Betty D. Montgomery, Attorney Gen. Mathias H. Heck, Jr., 353 F.3d 436 (6th Cir. 2004). “18 Pa. Cons. Stat. § 3205 (1990). It is obvious that requiring a 24-hour delay imposes a far lesser restriction and risk on a woman than a ban on a method of abortion.”

Helen B. Barnes, M.D. v. Mike Moore, Attorney Gen. of the State of Mississippi & His Employees, Agents & Successors, 970 F.2d 12 (5th Cir. 1992). “18 Pa.Cons. StatAnn. § 3205 (Supp.1992). This exception is not found in the Mississippi Act.”

Karlin v. Foust, 975 F. Supp. 1177 (W.D. Wis. 1997). · cites it 3× “See 18 Pa. Cons.Stat. Ann. § 3205(a)(2)(iii) (1990) (woman must be informed that “the father of the unborn child is liable to assist in the support of her child, even in instances where he has offered to pay for the abortion____”).”

Karlin v. Foust, 188 F.3d 446 (7th Cir. 1999). · cites it 2× “See 18 Pa. Cons.Stat. § 3205(a) (1990). Like the instant case, the Pennsylvania waiting period would essentially require a woman to make two trips to an abortion provider.”

Planned Parenthood of Se. Pa. v. Casey, 505 U.S. 833 (1992). · cites it 12× “Except in a medical emergency, the statute requires that at least 24 hours before performing an abortion a physician inform the woman of the nature of the procedure, the health risks of the abortion and of childbirth, and the "probable gestational age of the unborn child.”

Am. Coll. of Obstetricians & Gynecologists v. Thornburgh, 737 F.2d 283 (3rd Cir. 1984). · cites it 4× “05(B)(7) (1978); 18 Pa.Cons. Stat.Ann. §§ 3205(a)(2)(iii), 3208(a)(1).”

Show all 25 citing cases →

— 18 Pa. Cons. Stat. § 3205(2) — 1 case

Brown v. City of Pittsburgh, 543 F. Supp. 2d 448 (W.D. Pa. 2008). “18 Pa. Cons.Stat. § 3205 (1989); In Re L.”

— 18 Pa. Cons. Stat. § 3205(2)(i) — 1 case

Brown v. City of Pittsburgh, 543 F. Supp. 2d 448 (W.D. Pa. 2008). “18 Pa. Cons.Stat. § 3205 (1989); In Re L.”

— 18 Pa. Cons. Stat. § 3205(a) — 4 cases

In the Interest of Doe, 33 A.3d 615 (Pa. 2011). “18 Pa.C.S. § 3205(a). As the Superior Court recognized in L.”

Karlin v. Foust, 188 F.3d 446 (7th Cir. 1999). “See 18 Pa. Cons.Stat. § 3205(a) (1990). Like the instant case, the Pennsylvania waiting period would essentially require a woman to make two trips to an abortion provider.”

Planned Parenthood of Se Pennsylvania v. Casey, 686 F. Supp. 1089 (E.D. Pa. 1988).

Com. v. Washington, J. (Pa. Super. Ct. 2021).

— 18 Pa. Cons. Stat. § 3205(a)(1)(i) — 1 case

In the Interest of Doe, 33 A.3d 615 (Pa. 2011). “18 Pa.C.S. § 3205(a). As the Superior Court recognized in L.”

— 18 Pa. Cons. Stat. § 3205(a)(2) — 1 case

Gretchen Stuart v. Paul Camnitz, 774 F.3d 238 (4th Cir. 2014). “18 Pa. Cons. Stat. § 3205 (a)(1). The physician must give this information at least twenty-four hours prior to the abortion.”

— 18 Pa. Cons. Stat. § 3205(a)(2)(i) — 1 case

Gretchen Stuart v. Paul Camnitz, 774 F.3d 238 (4th Cir. 2014). “18 Pa. Cons. Stat. § 3205 (a)(1). The physician must give this information at least twenty-four hours prior to the abortion.”

— 18 Pa. Cons. Stat. § 3205(a)(2)(ii) — 1 case

Brown v. City of Pittsburgh, 543 F. Supp. 2d 448 (W.D. Pa. 2008). “18 Pa. Cons.Stat. § 3205 (1989); In Re L.”

— 18 Pa. Cons. Stat. § 3205(a)(2)(iii) — 3 cases

Planned Parenthood, Sioux Falls Clinic v. Miller, 860 F. Supp. 1409 (D.S.D. 1994).

Karlin v. Foust, 975 F. Supp. 1177 (W.D. Wis. 1997). “See 18 Pa. Cons.Stat. Ann. § 3205(a)(2)(iii) (1990) (woman must be informed that “the father of the unborn child is liable to assist in the support of her child, even in instances where he has offered to pay for the abortion____”).”

Am. Coll. of Obstetricians & Gynecologists v. Thornburgh, 737 F.2d 283 (3rd Cir. 1984). “05(B)(7) (1978); 18 Pa.Cons. Stat.Ann. §§ 3205(a)(2)(iii), 3208(a)(1).”

— 18 Pa. Cons. Stat. § 3205(a)(l)(i) — 1 case

Am. Coll. of Obstetricians & Gynecologists v. Thornburgh, 737 F.2d 283 (3rd Cir. 1984). “05(B)(7) (1978); 18 Pa.Cons. Stat.Ann. §§ 3205(a)(2)(iii), 3208(a)(1).”

— 18 Pa. Cons. Stat. § 3205(a)(l)(ii) — 1 case

Am. Coll. of Obstetricians & Gynecologists v. Thornburgh, 737 F.2d 283 (3rd Cir. 1984). “05(B)(7) (1978); 18 Pa.Cons. Stat.Ann. §§ 3205(a)(2)(iii), 3208(a)(1).”

— 18 Pa. Cons. Stat. § 3205(a)(l)(iv) — 1 case

Am. Coll. of Obstetricians & Gynecologists v. Thornburgh, 737 F.2d 283 (3rd Cir. 1984). “05(B)(7) (1978); 18 Pa.Cons. Stat.Ann. §§ 3205(a)(2)(iii), 3208(a)(1).”

— 18 Pa. Cons. Stat. § 3205(c) — 5 cases

A Woman's Choice-East Side Women's Clinic v. Scott C. Newman, Prosecuting Attorney for Marion Cnty. Indiana, on Behalf of a Class of Prosecutors, 305 F.3d 684 (7th Cir. 2002). “REVERSED For comparison, we reproduce the substantive portions of the statute at issue in Casey, 18 Pa. Cons.Stat. § 3205: (a)No abortion shall be performed or induced except with the voluntary and informed consent of the woman upon whom the abortion is to be performed or…”

Planned Parenthood of S. Arizona & Its Corp. Chapter, Arizona Women's Clinic, Inc. v. Neely, 804 F. Supp. 1210 (D. Ariz. 1992).

Planned Parenthood, Sioux Falls Clinic v. Miller, 860 F. Supp. 1409 (D.S.D. 1994).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.