principal pre-Roe statute was based on § 230.3 of the
Model Penal Code. An abortion
could be performed at any stage of pregnancy when (1) there
was “substantial risk that a continuance of the pregnancy would
impair the physical or mental health of the mother,” (2) there
was “substantial risk . . . that the child would be born with
physical or mental defect,” or (3) “the pregnancy resulted
incest or other felonious intercourse.” This
statute was repealed in 1992, and
would not be revived by a decision overruling Roe v. Wade. Abortions
could be performed for any reason before viability. Under
a separate statute, however, abortions could be performed after
viability only to preserve the life of the pregnant woman or
to prevent substantial and irreversible impairment of a major
Kan. Stat. Ann. § 21-3407 (Vernon 1971).
Id. § 21-3407(2). The
law imposed other conditions. Abortions could be performed
only by licensed physicians in licensed, accredited hospitals. Id. §§ 21-3407(2),
65-444. Except in emergency cases, no abortion could be
performed unless three physicians certified in writing
the circumstances that existed that justified the abortion. Id. §§ 21-3407(2)(a),
-(b), 65-444. The hospitalization and three-physician
concurrence requirements were declared unconstitutional
by a three-judge federal district court in a pre-Roe decision. See
Poe v. Menghini, 339 F.Supp. 986 (D. Kan. 1972). As
the experience in California demonstrated, mental health
exceptions were widely abused. See People v.
Barksdale, 503 P.2d 257, 265 (Cal. 1972) (noting that
more than 60,000 abortions were reported in 1970, more
than 98% of which were performed for alleged reasons of
Sess. Laws 723, 729, ch. 183, § 9.
See Kan. Stat. Ann. § 65-6703 (2002).