311.735 Notice to spouse -- Exceptions -- Civil remedies.

274 words·~1 min read·/ky/chapter-311/311-735

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Prior to performing an abortion, the physician who is to perform the abortion or his

agent shall notify, if reasonably possible, the spouse of the woman upon whom the

abortion is to be performed. If it is not reasonably possible to notify the spouse prior

to the abortion, the physician or his agent shall do so, if reasonably possible, within

thirty

(30)days of the abortion.

(a)The requirements of this section shall not apply if, before the abortion is

performed, either party to a marriage has filed a petition for dissolution of

marriage which has been served on the respondent;

(b)The requirements of this section shall not apply when, in the medical

judgment of the attending physician based on the particular facts of the case

before him, there exists a medical emergency. In such a case, the physician

shall describe the basis of his medical judgment that such an emergency exists

on a form prescribed by the cabinet as required by KRS 213.101, and the

physician or his agent shall notify, if reasonably possible, the spouse of the

woman upon whom the abortion was performed, within thirty

(30)days of the

abortion.

(3)Failure to notify a spouse as required by this section is prima facie evidence of

interference with family relations in appropriate civil actions. The law of this

Commonwealth shall not be construed to preclude the award of punitive damages or

damages for emotional distress, even if unaccompanied by physical complications

in any civil action brought pursuant to violations of this section. Nothing in this

section shall be construed to limit the common law rights of a husband.