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311.735 Notice to spouse -- Exceptions -- Civil remedies.
(1)
(2)
(3)
Prior to performing an abortion, the physician who is to perform the abortion or his
agent shall notify, if reasonably possible, the spouse of the woman upon whom the
abortion is to be performed. If it is not reasonably possible to notify the spouse prior
to the abortion, the physician or his agent shall do so, if reasonably possible, within
thirty (30) days of the abortion.
(a) The requirements of this section shall not apply if, before the abortion is
performed, either party to a marriage has filed a petition for dissolution of
marriage which has been served on the respondent;
(b) The requirements of this section shall not apply when, in the medical
judgment of the attending physician based on the particular facts of the case
before him, there exists a medical emergency. In such a case, the physician
shall describe the basis of his medical judgment that such an emergency exists
on a form prescribed by the cabinet as required by KRS 213.055, and the
physician or his agent shall notify, if reasonably possible, the spouse of the
woman upon whom the abortion was performed, within thirty (30) days of the
abortion.
Failure to notify a spouse as required by this section is prima facie evidence of
interference with family relations in appropriate civil actions. The law of this
Commonwealth shall not be construed to preclude the award of punitive damages or
damages for emotional distress, even if unaccompanied by physical complications
in any civil action brought pursuant to violations of this section. Nothing in this
section shall be construed to limit the common law rights of a husband.
Effective: July 15, 1982
History: Created 1982 Ky. Acts ch. 342, sec. 7, effective July 15, 1982.
Legislative Research Commission Note (6/19/97). KRS 213.055, which is cited within
this statute, was repealed by 1990 Ky. Acts ch. 369, sec. 38, effective July 13, 1990.
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