1. MCA Contents
  2. TITLE 50
  3. CHAPTER 20
  4. Part 1
  5. 50-20-109 Control of practice of abortion

Montana Code Annotated 2023

TITLE 50. HEALTH AND SAFETY

CHAPTER 20. ABORTION

Part 1. Montana Abortion Control Act

Control Of Practice Of Abortion

50-20-109. Control of practice of abortion. (1) Except as provided in 50-20-401, an abortion may not be performed within the state of Montana:

(a) except by a licensed physician or physician assistant; and

(b) on an unborn child:

(i) who is capable of feeling pain, except as provided in 50-20-603; or

(ii) who is viable, unless necessary to preserve the life of the mother.

(2) Violation of subsection (1) is a felony.

History: En. 94-5-618 by Sec. 6, Ch. 284, L. 1974; amd. Sec. 20, Ch. 359, L. 1977; R.C.M. 1947, 94-5-618; amd. Sec. 7, Ch. 485, L. 1981; amd. Sec. 2, Ch. 321, L. 1995; amd. Sec. 11, Ch. 354, L. 1995; amd. Sec. 2, Ch. 314, L. 1997; amd. Sec. 2, Ch. 479, L. 1999; amd. Sec. 27, Ch. 519, L. 2005; amd. Sec. 7, Ch. 307, L. 2021; amd. Sec. 16, Ch. 88, L. 2023; amd. Sec. 2, Ch. 389, L. 2023.