Patient's Rights in Texas

If you are considering an abortion in Texas, this is a summary of your legal rights according to the Woman’s Right to Know Act.

• Abortions may only be performed by physicians licensed by the state of Texas.
  

• Abortion of a fetus 16 weeks or more is allowed only at a licensed ambulatory surgical center or hospital.
  

• Abortion of a fetus in the third trimester (over 26 weeks) is prohibited except:
  

- in cases where the fetus is removed to increase his/her chance for survival,

- to remove a dead fetus, or

- when deemed necessary to prevent the death or substantial risk of serious impairment of the woman.

• Abortions must be on a voluntary basis. No one can be forced to have an abortion.
  

• The woman having the abortion must be informed of:
  

- the name of the physician performing the abortion,

- the medical risks associated with abortion, including:

>  risk of infection,

>  risk of hemorrhage,

>  potential danger to future pregnancies,

>  potential danger of future infertility,

>  possibility of increased risk of breast cancer,

-  natural protective effect of completed pregnancy in avoiding breast cancer,

-  the probable age of the fetus at time of abortion,

-  the medical risks of carrying the child to term,

-  medical benefits that may be available for prenatal, childbirth and neonatal health care,

-  the father’s liability for support, whether or not he offered to pay for the abortion,

-  public and private agencies who provide pregnancy prevention counseling and medical assistance

-  public and private agencies who offer alternatives to abortion.

• The woman having the abortion has the right to review printed information  provided by the Texas Department of Health.
  

-  The physician must provide a printed copy at least 24 hours before the abortion is scheduled.

-  The physician can mail the material as long as it is received at least 72 hours before the abortion is scheduled.

-  The woman can choose to view the material on the Texas Department of State Health services website instead of

receiving printed material

-  The woman must certify in writing, before the abortion, that the information was provided and she had at least 24

hours to review it.

• If the woman is a minor, a parent or guardian must be notified of the abortion, unless a judge waives notification