§ 3211. Abortion on unborn child of 24 or more weeks
gestational age.
(a) Prohibition.--Except as provided in subsection (b), no
person shall perform or induce an abortion upon another person
when the gestational age of the unborn child is 24 or more
weeks.
(b) Exceptions.--
(1) It shall not be a violation of subsection (a) if an
abortion is performed by a physician and that physician
reasonably believes that it is necessary to prevent either
the death of the pregnant woman or the substantial and
irreversible impairment of a major bodily function of the
woman. No abortion shall be deemed authorized under this
paragraph if performed on the basis of a claim or a diagnosis
that the woman will engage in conduct which would result in
her death or in substantial and irreversible impairment of a
major bodily function.
(2) It shall not be a violation of subsection (a) if the
abortion is performed by a physician and that physician
reasonably believes, after making a determination of the
gestational age of the unborn child in compliance with
section 3210 (relating to determination of gestational age),
that the unborn child is less than 24 weeks gestational age.
(c) Abortion regulated.--Except in the case of a medical
emergency which, in the reasonable medical judgment of the
physician performing the abortion, prevents compliance with a
particular requirement of this subsection, no abortion which is
authorized under subsection (b)(1) shall be performed unless
each of the following conditions is met:
(1) The physician performing the abortion certifies in
writing that, based upon his medical examination of the
pregnant woman and his medical judgment, the abortion is
necessary to prevent either the death of the pregnant woman
or the substantial and irreversible impairment of a major
bodily function of the woman.
(2) Such physician's judgment with respect to the
necessity for the abortion has been concurred in by one other
licensed physician who certifies in writing that, based upon
his or her separate personal medical examination of the
pregnant woman and his or her medical judgment, the abortion
is necessary to prevent either the death of the pregnant
woman or the substantial and irreversible impairment of a
major bodily function of the woman.
(3) The abortion is performed in a hospital.
(4) The physician terminates the pregnancy in a manner
which provides the best opportunity for the unborn child to
survive, unless the physician determines, in his or her good
faith medical judgment, that termination of the pregnancy in
that manner poses a significantly greater risk either of the
death of the pregnant woman or the substantial and
irreversible impairment of a major bodily function of the
woman than would other available methods.
(5) The physician performing the abortion arranges for
the attendance, in the same room in which the abortion is to
be completed, of a second physician who shall take control of
the child immediately after complete extraction from the
mother and shall provide immediate medical care for the
child, taking all reasonable steps necessary to preserve the
child's life and health.
(d) Penalty.--Any person who violates subsection (a) commits
a felony of the third degree. Any person who violates subsection
(c) commits a misdemeanor of the second degree for the first
offense and a misdemeanor of the first degree for subsequent
offenses.
(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 3211 is referred to in section
3214 of this title.
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