Gov. Asa Hutchinson signs bills on April 12, 2021 in this file photo. (Arkansas Democrat-Gazette/Stephen Swofford)
Section 1: Gestational Limitation
1.1. Abortion is prohibited after 15 weeks of gestation, with the following exceptions outlined in Sections 2, 3, and 4.
Section 2: Exceptions for Rape and Incest
2.1. Abortion may be performed after 15 weeks and up to 20 weeks of gestation in cases of rape or incest.
2.2. For individuals under the age of 18 seeking abortion due to rape or incest, both parents must provide written consent.
Section 3: Mandatory Waiting Period, Counseling, and Ultrasound Requirement
3.1. A mandatory 72-hour waiting period shall be observed by any individual seeking an abortion, regardless of circumstances.
3.2. Prior to the abortion procedure, the individual shall undergo mandatory counseling to ensure informed decision-making and to explore alternatives.
3.3. An ultrasound shall be performed, and the healthcare provider shall offer the individual the opportunity to view the ultrasound image.
3.4. In cases of abortion due to rape or incest, both parents must be presented with the ultrasound image and participate in the counseling session before providing written consent.
Section 4: Exceptions for the Life of the Mother
4.1. In cases where the life of the mother is in danger, regardless of gestational age, no parental consent, waiting period, nor ultrasound is required.
4.2. The decision to perform an abortion under the exception outlined in 4.1 shall be made by the attending healthcare provider based on their professional judgment and assessment of the immediate threat to the life of the mother.
Section 5: Equal Value of Fetus and Born Human
5.1. The state recognizes that a fetus possesses equal value to a born human, both being members of the Homo sapiens species.
5.2. Abortion is defined as the termination of a pregnancy that is not deemed necessary for the preservation of the life of the mother or as healthcare, as defined by medical professionals.
Section 6: Penalties for Illegal Abortion
6.1. Anyone who performs an illegal abortion in violation of this act shall face up to 10 years in prison and a fine not exceeding $200,000.
6.2. Anyone who aids, abets, or assists someone in obtaining an illegal abortion may face up to 2 years in prison and a fine not exceeding $25,000.
Section 7: Effective Date
7.1. This law shall take effect immediately.
Section 8: Review and Amendment
8.1. A comprehensive review of this law's impact on reproductive rights, healthcare access, and individual well-being shall be conducted every 10 years to assess its effectiveness and address any unintended consequences. Amendments may be made as necessary.