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Oklahoma

Trigger Law Statutory Cite(s)

S.B. 918 (2021), as amended by S.B. 1555 (2022). See also the Oklahoma Attorney General’s certification regarding the Supreme Court’s decision, as required by these laws. Other recently enacted abortion restrictions, including H.B. 4327 (2022) are technically not “trigger bills” but limit access to abortion in the state.

Does this law have a potential impact on IVF/Reproductive medicine?

Why or why not?

  • Seemingly no impact on IVF or other ART procedures because the criminal law (Okla. Stat. Tit. 21, § 861) authorized by the trigger bill applies only in the context of a pregnancy and, therefore, would not apply to embryos created in vitro. The trigger laws expressly permit the enforcement of an existing criminal law (Okla. Stat. Tit. 21, § 861) which prohibits abortion in the state and is analyzed in more detail below. The laws also repeal numerous existing statutes related to the performance of abortion in Oklahoma, which we have described here. 

Does this law explicitly reference IVF, assisted reproductive technology or reproductive medicine?

There are no explicit references to IVF or reproductive medicine services in the trigger law. 

Are there any penalties in this law that could apply to ART procedures?

N/A

Relevant definitions

Neither the trigger laws repealing various state statutes nor the criminal law permitted by these laws include definitions.

Do the definitions/terms of the trigger law apply to other areas of state code?

N/A

What is the “trigger” for this law to take effect?

Upon certification from the Attorney General that Roe v. Wade has been overruled by the U.S. Supreme Court, the law permits the enforcement of Okla. Stat. tit. 21, §861, and the repeal of various statutes related to the performance of abortion.

Key provisions: What does the law prohibit and when does it apply?

The criminal law (Okla. Stat. tit. 21, § 861) prohibits prescribing, advising, procuring, or administering any medicine, drug, substance, instrument, or other means to any woman with the intent “to procure miscarriage of such woman” unless it is “necessary to preserve her life.”

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