The "Abolish Abortion Kansas Act" seeks to criminalize all abortions in the state of Kansas, making them subject to prosecution under Alexa's law. The bill amends existing statutes, specifically K.S.A. 21-5206 and K.S.A. 21-5419, to remove exceptions that previously allowed for wrongful death claims in cases where an unborn child dies due to an abortion. It redefines terms such as "abortion" and "unborn child," asserting that an unborn child is a living individual from fertilization to birth. The act emphasizes the protection of preborn children under the law, equating their rights to those of born individuals, and repeals provisions that could allow for legal defenses related to abortion.
Additionally, the bill includes amendments to K.S.A. 2024 Supp. 60-1901, clarifying that wrongful death actions cannot be pursued if the death of an unborn child results from the mother's actions or a spontaneous miscarriage. The act also establishes that the amendments will only apply prospectively, effective from July 1, 2025, and repeals the existing sections of the law that conflict with the new provisions. Overall, the legislation aims to ensure that unborn children are afforded the same legal protections as individuals who have been born.
Statutes affected: As introduced: 21-5206, 21-5419, 60-1901