INDIANAPOLIS — The Indiana Department of Health has settled a lawsuit concerning the public release of abortion records across the Hoosier State.
According to a news release from the Thomas More Society, a law firm that filed the lawsuit on behalf of the anti-abortion group Voices for Life, a settlement has been reached after accusing IDOH and State Health Commissioner Lindsay Weaver of failing to release abortion records to the public and violating Indiana’s Access to Public Records Act.
The law firm, which is based out of Chicago, originally filed the suit in May of 2024.
Following the settlement, IDOH must now release the records outlining certain abortions performed across Indiana, with redactions being made to protect the identities of patients.
The pro-life organization has sought the public release of Termination of Pregnancy Reports (TPRs) since 2022 as part of a wider effort to confirm that healthcare professionals “comply with Indiana laws protecting the unborn.”
“The public release of these reports is a victory for vulnerable women and children in Indiana. Access to these reports will help ensure abortionists are held accountable for violating health and safety regulations,” Melanie Garcia Lyon, executive director of Voices for Life, said. “We would like to thank the Thomas More Society for their fearless defense of the unborn in this litigation, the Braun Administration for mandating transparency within the IDOH, and the Attorney General’s Office for their continued support in enforcing Indiana’s pro-life legislation.”
Attorney General Todd Rokita had also weighed in on the controversial topic, issuing an advisory opinion contending that the reports should be made public record. Rokita asserted the reports do not count as medical records, stating “there is no effective way” for him or other officials to ensure healthcare professionals are following Indiana law without their release.
IDOH responded to Rokita, arguing that TPRs should not count as public records, citing an informal opinion issued by an open records official, according to the Associated Press.
Health officials had initially complied with Voice of Life’s requests for access to TPRs until 2023 when it asserted that it no longer could release this information to avoid breaking confidentiality patient standards.
The total number of abortions declined dramatically after the state enacted a near-total abortion ban following the overturning of Roe v. Wade in June 2022. Indiana became one of the first states to implement stricter abortion bans after the controversial ruling removed federal abortion protections.
Since abortions were being performed under stricter circumstances, health officially opted to stop releasing individual reports in a bid to protect patient privacy. Instead, the department released its regular summary data four times a year.
Indiana’s abortion law only offered a few exceptions for those seeking an abortion in state lines; in certain cases of rape or incest, if the mother’s life was in danger, or for fetal anomalies.
The lawsuit cited Indiana law, which does require physicians to share TPRs with IDOH alongside patient demographic and medical history. The reports can list the zip code and county of individual patients but do not name any of the patients, according to the Associated Press.
The reports also detail the procedure type, the listed reason for the abortion, the physician’s name and the date the abortion was performed.
Under the terms of the settlement, IDOH must now release TPRs when requested to do so while ensuring that the reports cannot be used to identify patients.
This new development follows Executive Order 25-20, which was signed by Indiana Gov. Mike Braun on Jan. 21, requiring the public release of individual reports on abortion.
The Indiana Democratic Party criticized the executive order, saying Gov. Braun has “further restricted the medical privacy of Hoosier women and families by ordering the release of individual terminated pregnancy reports.”
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