A law was passed by the Tennessee General Assembly during the 2024 session whereby an adult commits the criminal offense of abortion trafficking of a minor if the adult recruits, harbors, or transports a pregnant unemancipated minor within this state for the purpose of:

• Concealing an act that would constitute a criminal abortion under § 39-15-213 from the parents or legal guardian of the pregnant unemancipated minor; 
• Procuring an act that would constitute a criminal abortion under § 39-15-213 for the pregnant emancipated minor, regardless of where the abortion is to be procured; or
• Obtaining an abortion-inducing drug for the pregnant unemancipated minor for the purpose of an act that would constitute a criminal abortion under § 39-15-213, regardless of where the abortion-inducing drug is obtained.

The term “recruits” is not defined in the Code or in Tennessee case law. This issue triggered a lawsuit seeking to enjoin enforcement of the law. 

On September 20, 2024, a US District Court in Tennessee temporarily blocked enforcement of the “recruits” a minor for an abortion provision of this law based on First Amendment concerns. The judge noted in her opinion that there could be confusion as to how that provision of the law could be applied. 

For purposes of physicians treating patients, it is unclear whether a physician who mentions an out-of-state abortion option other than discussions of reproductive health care could be convicted of a violation of the law. A federal court in Idaho blocked a similar law there earlier this year.  

TMA will monitor the lawsuit and report actions to members. More information is available on TMA’s online Law Guide topic on “Abortion - Trafficking Updates 2024”. Physicians should continue to seek the advice of legal counsel before counseling any patient on matters covered by this law.