No person shall perform or induce or attempt to perform or induce an abortion upon a woman when it has been determined, by the physician performing or inducing the abortion or by another physician upon whose determination that physician relies, that the probable postfertilization age of the woman’s unborn child is twenty (20) or more weeks unless, in reasonable medical judgment: (1) she has a condition that so complicates her medical condition as to necessitate the abortion of her pregnancy to avert her death or to avert serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions; or (2) it is necessary to preserve the life of an unborn child. No such condition shall be deemed to exist if it is based on a claim or diagnosis that the woman will engage in conduct that she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function.
Idaho Code § 18-505
Abortion of unborn child of twenty or more weeks postfertilization age prohibited
Known as the Pain-Capable Unborn Child Protection Act
The act spans §§ 18–18 (10 sections).
Applied in 1 court decision — leading case McCormack v. Hiedeman (2012)
Most recently applied in McCormack v. Hiedeman (September 2012)
I.C., § 18-505, as added by 2011, ch. 324, § 1, p. 945.
Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.