2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 32 - Abortion
3211 - Abortion on unborn child of 24 or more weeks gestational age.

     § 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.