RESTRICTIONS

Abortion is illegal in Iowa once a “heartbeat” is detected (around 6 weeks).

 

EXCEPTIONS

• Rape/incest "reported within 45 days of the incident to a law enforcement agency or to a public or private health agency which may include a family physician" (incest survivors have 140 days to report)

• Miscarriages

• Fetal abnormality not compatible with life

• Medical emergency when:

  • ". . . life is endangered by a physical disorder, physical illness, or physical injury . . . but not including psychological conditions . . ." (Note: the psychological exception is contradicted by 2020 CDC data that 22.5% of pregnancy related deaths are due to mental health, as well as decades of reforms for mental health parity)

  • Or "when continuation of the pregnancy will create a serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman."

If eligible for an abortion, there is a minimum 24-hour waiting period and the woman has to document that she has been informed of things like the psychological effects of abortion, and adoption. (Prerequisites §146A.1).

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PUNISHMENTS

The goal of this law was to stop abortions by closing abortion clinics and aid organizations that helped low-income women pay expenses. Under the law: 

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• Women are not arrested for having abortions (even though abortion is considered "illegal")

• Enforcement is through the Iowa Board of Medicine and their licensing power over the medical providers in Iowa

• Rules for notification of parents for a minor child are complex, including special circumstances like abuse, and may result in a "serious misdemeanor" crime for providers if parents aren't notified. 

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***RAPE/INCEST VICTIMS REPORTING REQUIREMENTS***

The reporting requirements burden the abortion provider to document

• the date of the rape and the calculation of the 45/140 day reporting requirement

• determination of incest where applicable, and

• proof of reporting to law enforcement or a health care provider

  • Health Care providers are listed as hospitals, facilities, family physicians and "an entity that either is a health care provider or employs or provides the services of a health care provider." 

  • NOTE: While psychological conditions do not qualify for the Medical Emergency exemption, mental health providers are not specifically banned as medical providers for the reporting requirement.

Unless you report the rape to the provider of the abortion, you should consider getting a copy of whatever proof you can from law enforcement or a health care provider that you report to. 

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CERTIFICATION

There is another option, which would presumably be required as this new law takes effect since victims raped before the law should not be held accountable for rules that didn't exist.

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"​The physician who intends to perform or induce an abortion may rely on the information received upon a good-faith assessment that the information is true. The physician who intends to perform or induce an abortion may require the person providing the information to sign a certification form attesting that the information is true."

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It is probably best for providers legally if they have a document signed by you and notarized (on-line Notary Public $ or usually free at banks/ libraries, who just verify your identity and watch you sign the document--they do not care about the content).  While a notarized legal document is usually the gold standard for limiting legal liability for providers, there is no way to know how providers will respond to any of this. 

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Alternately, Minnesota and Illinois are relatively close, safe states if a surgical abortion (~12+ weeks) is needed and you can travel.  Everything else can be done through the mail.

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***PLEASE USE THE CONTACT FORM FOR CORRECTIONS/CLARIFICATIONS TO THIS INFORMATION***​

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