Pennsylvania Consolidated Statutes

18 Pa. Cons. Stat. § 3210 (2026)

Determination of gestational age.

✓ current as of May 2026

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§ 3210. Determination of gestational age.

(a) Requirement.--Except in the case of a medical emergency which prevents compliance with this section, no abortion shall be performed or induced unless the referring physician or the physician performing or inducing it has first made a determination of the probable gestational age of the unborn child. In making such determination, the physician shall make such inquiries of the patient and perform or cause to be performed such medical examinations and tests as a prudent physician would consider necessary to make or perform in making an accurate diagnosis with respect to gestational age. The physician who performs or induces the abortion shall report the type of inquiries made and the type of examinations and tests utilized to determine the gestational age of the unborn child and the basis for the diagnosis with respect to gestational age on forms provided by the department.

(b) Penalty.--Failure of any physician to conform to any requirement of this section constitutes "unprofessional conduct" within the meaning of 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. Upon a finding by the State Board of Medicine or the State Board of Osteopathic Medicine that any physician has failed to conform to any requirement of this section, the board shall not fail to suspend that physician's license for a period of at least three months. Intentional, knowing or reckless falsification of any report required under this section is a misdemeanor of the third degree.

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

Cross References. Section 3210 is referred to in sections 3211, 3214 of this title.

Notes of Decisions

Cited in 6 cases, 1986–2004 · leading case: 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).

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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. § 3210(b) (1982). The Court found the statute unconstitutional because it required the pregnant woman “to bear an increased medical risk in order to save her viable fetus.”

Ne. Women's Ctr., Inc. v. McMonagle, 665 F. Supp. 1147 (E.D. Pa. 1987). “Evidently, the statute anticipates that the Department of Health might then bring criminal charges against the attending physician under section 3210(a) which makes it a third degree felony to intentionally, knowingly, or recklessly induce the abortion of a viable fetus.”

Jane L. v. Bangerter, 61 F.3d 1493 (10th Cir. 1995). · cites it 2× “13 (quoting 18 Pa.Cons.Stat. § 3210(b) (1982)). Whether “significantly greater” in this context means an “increased medical risk,” as the majority then concluded, id.”

Thornburgh v. Am. Coll. of Obstetricians & Gynecologists, 476 U.S. 747 (1986). · cites it 4× “" 18 Pa. Cons. Stat. § 3210 (c) (1982). Essentially this provision simply states that a viable fetus is to be cared for, not destroyed.”

Fischer v. Commonwealth, 543 A.2d 177 (Pa. Commw. Ct. 1988). “18 Pa. C. S. §3210. In Planned Parenthood Association v.”

Huddleston v. Infertility Ctr. of Am. Inc., 31 Pa. D. & C.4th 128 (1996). “2d 1085 (1985) (wrongful death action may be brought on behalf of a fully developed stillborn fetus); 18 Pa.C.S. §3210 (abortions are prohibited after a fetus is viable unless the operation is necessary to preserve maternal life or health).”

— 18 Pa. Cons. Stat. § 3210(a) — 1 case

— 18 Pa. Cons. Stat. § 3210(b) — 2 cases

Jane L. v. Bangerter, 61 F.3d 1493 (10th Cir. 1995). “13 (quoting 18 Pa.Cons.Stat. § 3210(b) (1982)). Whether “significantly greater” in this context means an “increased medical risk,” as the majority then concluded, id.”

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