65-6726. Abortion based on gender; prohibited. (a) No person shall perform or induce an abortion or attempt to perform or induce an abortion with knowledge that the pregnant woman is seeking the abortion solely on account of the sex of the unborn child.
(b) (1) A woman upon whom an abortion is performed or induced, or upon whom there is an attempt to perform or induce an abortion, in violation of this section, the father, if married to the woman at the time of the abortion, and the parents or custodial guardian of the woman, if the woman has not attained the age of 18 years at the time of the abortion, may in a civil action obtain appropriate relief, unless, in a case where the plaintiff is not the woman upon whom the abortion was performed, the pregnancy resulted from the plaintiff's criminal conduct.
(2) Such relief shall include:
(A) Money damages for all injuries, psychological and physical, occasioned by the violation of this section;
(B) statutory damages equal to three times the cost of the abortion;
(C) injunctive relief; and
(D) reasonable attorney fees.
(c) A woman upon whom an abortion is performed shall not be prosecuted under this section for a conspiracy to violate this section pursuant to K.S.A. 2021 Supp. 21-5302, and amendments thereto.
(d) Nothing in this section shall be construed to create a right to an abortion. Notwithstanding any provision of this section, a person shall not perform an abortion that is prohibited by law.
(e) Upon a first conviction of a violation of this section, a person shall be guilty of a class A person misdemeanor. Upon a second or subsequent conviction of a violation of this section, a person shall be guilty of a severity level 10, person felony.
(f) If any provision or clause of this act or application thereof to any person or circumstance is held invalid, such invalidity shall not affect the other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
(g) For purposes of this section, the term "abortion" has the same meaning as such term is defined in K.S.A. 65-6701, and amendments thereto.
History: L. 2013, ch. 119, ยง 10; July 1.
Structure Kansas Statutes
65-6704 Abortion upon minor; required information and counseling.
65-6707 Same; severability clause.
65-6708 Woman's-right-to-know act; citation.
65-6711 Same; information where medical emergency compels performances of an abortion.
65-6714 Same; severability clause.
65-6722 Abortion of pain-capable unborn child; legislative findings.
65-6725 Same; construction of act.
65-6726 Abortion based on gender; prohibited.
65-6731 Prohibition on certain funding for abortions; definitions.
65-6732 Legislative declaration that life begins at fertilization.
65-6733 Prohibition on certain funding for abortion.
65-6734 Same; school districts.
65-6735 Same; construction of act.
65-6736 Same; no requirement to provide or right to an abortion.
65-6737 Same; discrimination prohibited.
65-6738 Same; applicability of act.
65-6741 Kansas unborn child protection from dismemberment abortion act; citation of act.
65-6743 Dismemberment abortion prohibited; exceptions.
65-6744 Cause of action for injunctive relief.
65-6745 Civil action for violation of act.
65-6746 Criminal penalties for violation of act.
65-6747 Legal proceedings; public disclosure of name of woman, orders against such disclosure.
65-6750 Effect of injunction or other judicial order on provisions of article 67.