Schmidt: Ectopic pregnancy treatment not abortion in KS. Lawmakers could change that

Treatment for an ectopic pregnancy is not considered an abortion in Kansas, Attorney General Derek Schmidt said in an opinion released Friday.

Schmidt, a Republican running for Governor, echoed statements made by groups promoting a constitutional amendment removing the right to an abortion from the state constitution when he said passage of the amendment would hold no impact on treatment for ectopic pregnancies, miscarriages or stillbirths.

Kansas voters will decide on the amendment, which would allow the Legislature to pass new restrictions on abortion up to a total ban, next month.

Schmidt’s opinion leaned on the state’s legal definition of abortion and the lack of immediate changes to abortion law imposed if the amendment passes.

The legal definition of abortion specifically excludes treatment for miscarriages and stillbirths. Schmidt opined that treatment for ectopic pregnancies because the state defines pregnancy as “that female reproductive condition of having an unborn child in the mother’s body.” An ectopic pregnancy, Schmidt said, is not a statutory pregnancy because it is not capable of being carried to birth.

The opinion, however, is dependent upon Kansas abortion law staying the same.

A 2019 Supreme Court ruling finding a state-level right to abortion has barred the Legislature from most actions that would impede a woman’s access to an abortion.

If the amendment passes, lawmakers would be permitted to pursue any restrictions and could change the state’s statutory definition of abortion. A new definition could include treatment for ectopic pregnancy or miscarriages.

Though proponents of the amendment have not said whether they would pursue a ban on abortion, a far-right lawmaker introduced a bill to criminalize the procedure last year.

Abortion bans taking effect across the country, including in Missouri, have sparked confusion over what is and is not legal and what constitutes a medical emergency meriting an abortion.

Some doctors have reported that laws would require them to wait for pregnant women’s conditions to worsen before they would become comfortable performing an abortion.