Montana Abortion Control Act
Montana · Health and Safety · §§ 50-20-101 to 50-20-113 · 13 sections
Overview
The act governs the performance of abortion, setting the conditions under which the procedure may lawfully be provided and defining the circumstances in which it is prohibited. Its core mechanism is an informed-consent framework — required printed and referral information, disclosure and notification duties before the procedure, posted notice at facilities, and parental consent or judicial authorization where the patient is an unmarried minor — backed by a civil action for damages when an abortion is performed without informed consent. It further bars specified categories of abortion, including sex-selective abortions, abortions sought because of a genetic abnormality, dismemberment procedures, and abortions after a detectable heartbeat in an unborn child or beyond a defined postfertilization age, while imposing reporting, recordkeeping, patient-privacy, born-alive protection, and humane fetal-remains disposal duties enforced through criminal penalties.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 2 court decisions.
Most-cited authority: 520 U.S. 968 - Mazurek v. Armstrong
Sections covered
- Mont. Code Ann. § 50-20-101Short title
- Mont. Code Ann. § 50-20-102Statement of purpose -- findings
- Mont. Code Ann. § 50-20-103Legislative intent
- Mont. Code Ann. § 50-20-104Definitions
- Mont. Code Ann. § 50-20-105Duties of department
- Mont. Code Ann. § 50-20-106Informed consent
- Mont. Code Ann. § 50-20-107Repealed
- Mont. Code Ann. § 50-20-108Protection of premature infants born alive
- Mont. Code Ann. § 50-20-109Control of practice of abortion2 cites
- Mont. Code Ann. § 50-20-110Reporting of practice of abortion
- Mont. Code Ann. § 50-20-111Right to refuse participation in abortion -- affirmative consent required
- Mont. Code Ann. § 50-20-112Penalties
- Mont. Code Ann. § 50-20-113Provision of information -- exceptions -- penalty
Enacted in other states
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