May 20, 2025 | Criminal Defense
Abortion laws in the United States have changed significantly in recent years, and each state has taken a different approach. In Kentucky, abortion is now almost entirely banned. If you are pregnant and considering your options, it’s important to understand what is and is not allowed under Kentucky law.
This article provides a clear breakdown of current abortion restrictions in Kentucky, what exceptions exist, and how they may apply to your situation.
Is Abortion Legal in Kentucky?
No, abortion is currently banned in nearly all cases in Kentucky. The ban went into effect after the U.S. Supreme Court overturned Roe v. Wade in 2022. Kentucky had a “trigger law” on the books that automatically made abortion illegal once the constitutional protection for abortion rights was removed.
Under Kentucky Revised Statutes § 311.772, it is a felony to perform or attempt to perform an abortion unless a narrow exception applies. The law applies to medical providers, meaning a doctor who performs an abortion in violation of the ban could face criminal prosecution as a defendant.
Are There Any Exceptions to the Abortion Ban?
Yes, but they are very limited. The only legal exception to Kentucky’s abortion ban is when the procedure is necessary to save the life of the pregnant person or prevent a serious risk of death due to a physical condition. This is sometimes referred to as a “life of the mother” exception.
Doctors must be able to show that the abortion was necessary to prevent death or serious physical harm. Otherwise, the procedure remains unlawful under current Kentucky law.
Can You Travel Out of State for an Abortion?
Yes. While Kentucky law bans nearly all abortions within the state, it does not prevent a person from traveling to another state where abortion is legal. Neighboring states such as Illinois currently allow access to abortion services.
There are also national networks that help people coordinate out-of-state abortion care. Some offer financial support, transportation, and lodging assistance.
However, it’s important to know that lawmakers in some states have considered bills that would try to limit out-of-state travel for abortion. As of now, Kentucky does not have a law that restricts traveling to another state for this reason.
What Are the Penalties for Violating the Ban?
The law targets medical professionals, not pregnant individuals.
Under the current ban, doctors who perform an abortion outside of the narrow exceptions could face:
- Criminal prosecution
- Class D felony charges
- Up to five years in prison
- Loss of medical license
Pregnant people cannot be prosecuted under the law for seeking or obtaining an abortion. The legal consequences fall on providers rather than patients.
That said, legal risks may increase depending on how lawmakers or prosecutors interpret the law in the future. Always speak with an attorney if you’re unsure of your rights.
Are There Any Ongoing Legal Challenges?
Yes. Kentucky’s abortion ban has been challenged in court, but as of now, the law remains in effect. In recent years, lawsuits were filed arguing that the ban violates state constitutional rights, including the right to privacy and bodily autonomy.
So far, Kentucky’s Supreme Court has declined to block the law, meaning the ban is still enforceable. Future changes are possible depending on future court rulings or legislative action.
Contact the Lexington Criminal Defense Attorneys at Suhre & Associates DUI and Criminal Defense Lawyers For Help Today
Abortion laws in Kentucky are among the strictest in the country. If you have questions about your rights, available options, or potential legal risks, consider speaking with a lawyer who handles reproductive rights or health law.
The legal landscape is shifting rapidly, and what is true today may change tomorrow. Having access to reliable, up-to-date information is essential. Many legal organizations offer free consultations or referrals to help you understand your rights and make informed decisions.
For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers. Give us a call today at (859) 569-4014 or visit us at our Lexington law office.
Suhre & Associates DUI and Criminal Defense Lawyers – Lexington
333 West Vine Street #212,
Lexington, KY 40507
(859) 569-4014