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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Senate Bill 1026
Sponsored by Senator NASH
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced.The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: The Act requires a parent to consent for an out-of-state minor to have an abortion in
this state. Creates an exception for the life or health of the minor or rape or incest. (Flesch
Readability Score: 75.1).
Prohibits the provision of abortion services to a nonresident, unmarried person under 18 years
of age without parental consent. Creates exceptions.
Declares an emergency, effective on passage.
A BILL FOR AN ACT
Relating to abortion services provided to out-of-state minors; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. (1) As used in this section:
(a) “Abortion” means the use or prescription of any instrument, medicine, drug or any
other substance or device to terminate the pregnancy of a person known to be pregnant, if
the intention is other than to increase the probability of a live birth, to preserve the life or
health of the child after live birth or to remove a dead unborn child who died as the result
of natural causes in utero, accidental trauma or a criminal assault on the pregnant person
or the unborn child, and that use or prescription causes the premature termination of the
pregnancy.
(b) “Rape or incest” means any of the following, regardless of whether the person ac-
cused of committing the act has been charged with or convicted of committing the act:
(A) Incest under ORS 163.525.
(B) Rape in the third degree under ORS 163.355.
(C) Rape in the second degree under ORS 163.365.
(D) Rape in the first degree under ORS 163.375.
(E) Sodomy in the third degree under ORS 163.385.
(F) Sodomy in the second degree under ORS 163.395.
(G) Sodomy in the first degree under ORS 163.405.
(H) Sexual abuse in the third degree under ORS 163.415.
(I) Sexual abuse in the second degree under ORS 163.425.
(J) Sexual abuse in the first degree under ORS 163.427.
(K) Contributing to the sexual delinquency of a minor under ORS 163.435.
(L) Sexual misconduct under ORS 163.445.
(2) Notwithstanding ORS 109.640 and 435.210, a health care provider may not provide
abortion services to an unmarried person under 18 years of age who is not a resident of this
state without the consent of the minor’s parent or guardian unless:
NOTE:Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 1689 SB1026
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(a) The pregnancy is a result of rape or incest; or
(b) The pregnant person’s condition is a medical emergency.
(3) A pregnant person’s condition is a medical emergency for purposes of this section if,
in the reasonable medical judgment of the health care provider:
(a) Failure to immediately terminate the pregnancy is reasonably likely to result in the
pregnant person’s death; or
(b) The delay necessary to obtain the consent of the pregnant person’s parent or guard-
ian to the abortion is reasonably likely to create a serious risk of substantial and irreversible
physical impairment of one or more of the pregnant person’s major bodily functions, not in-
cluding psychological or emotional functions.
(4) For purposes of this section, the likelihood that a pregnant person will engage in
conduct that would result in the pregnant person’s death does not constitute a risk of the
pregnant person’s death or of a substantial and irreversible physical impairment of a major
bodily function of the pregnant person.
(5) A health care provider who provides abortion services to a minor as provided in sub-
section (2)(b) of this section must, not later than 24 hours following the provision of services,
notify the minor’s parent or guardian that the abortion occurred.
SECTION 2. This 2025 Act being necessary for the immediate preservation of the public
peace, health and safety, an emergency is declared to exist, and this 2025 Act takes effect
on its passage.
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