Press Release

For immediate release
September 17, 2002
>From executive director Mike Fichter
Contact: 812-435-2238

U.S. Court of Appeals upholds face-to-face provision of Indiana’s informed consent law

Indianapolis, IN – The United States Court of Appeals for the Seventh District today ruled that the face-to-face provision in Indiana’s informed consent law may be enforced. This means that women contemplating abortions in Indiana must be given full information in-person at least 18 hours before an abortion regarding the following:

1. The name of the physician performing the abortion.
2. The nature of the abortion procedure.
3. The risks and alternatives to the abortion procedure.
4. The probable gestational age of the unborn child.
5. The risks associated with carrying the child to term.

The information must be given by the physician performing the abortion, the referring physician, a physician assistant, an advanced practice nurse, or a midwife.

“This is a major victory for women,” states executive director Mike Fichter. “The information required by Indiana law is basic, common sense information that any woman seeking an abortion has a right to know, and there is no other way to deliver this information properly than by face-to-face
interaction.”

The Court of Appeals based its decision on the fact that the face-to-face provision does not prevent an undue burden to a woman seeking an abortion and that arguments by abortion providers against the provision are based on pure speculation and on studies with significant shortcomings.

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