A dismemberment abortion—also known as a dilation and evacuation (D&E) abortion—is an abortion in which a person dismembers and extracts the unborn child from the uterus through the use of clamps, grasping forceps, tongs, scissors, or a similar instrument. Some states have passed dismemberment abortion bans. These laws are usually located in a state’s statutes.
Laws vary from state to state and under some state laws the term dismemberment abortion does not include an abortion that uses suction to dismember the body of an unborn child by sucking pieces of the unborn child into a collection container. The term includes a dismemberment abortion that is used to cause the death of an unborn child and in which suction is subsequently used to extract pieces of the unborn child after the unborn child's death.
In Oklahoma, dismemberment abortions, also known as dilation and evacuation (D&E) abortions, are subject to legal restrictions. Oklahoma state statutes specifically address the issue of dismemberment abortions. The state has passed legislation that bans the procedure except in cases where it is necessary to preserve the life of the mother or to prevent a serious health risk to the mother. The law defines dismemberment abortion as an abortion method that intentionally dismembers a living unborn child and extracts him or her one piece at a time from the uterus through the use of clamps, grasping forceps, tongs, scissors, or similar instruments. The law does not consider procedures that use suction to dismember the body of an unborn child as dismemberment abortions if the dismemberment occurs as a result of suction. However, if the method involves causing the death of an unborn child by dismemberment and then uses suction to extract the pieces, it falls under the definition of a dismemberment abortion. These laws are subject to change and can be influenced by federal court rulings, so it is important to consult with an attorney for the most current legal status of dismemberment abortion in Oklahoma.