Doctor Who Helped 10-Year-Old Get Abortion Followed Reporting Requirements, Records Show — But She’s Still Under Investigation

Topline

Dr. Caitlin Bernard, the Indiana physician who oversaw a 10-year-old girl’s abortion after she was raped and denied an abortion in Ohio, complied with state laws on privacy and reporting the abortion on time, public records reported by multiple outlets and her employer confirm—and may bring legal action against the state as it continues to investigate her.

Key Facts

Bernard disclosed the girl’s abortion to the state two days after it took place and noted she sought an abortion after being abused, according to public records that were first reported by the Indianapolis Star and confirmed by the Washington Post and other news outlets.

The form reported by the Star and other outlets was submitted to the state health department and child services and details the child’s abortion as required under Indiana law, which states physicians must report any abortions for people under 16 years old within three days after the abortion takes place.

Indiana Attorney General Todd Rokita said Wednesday the state was investigating Bernard to see if she had complied with the reporting requirements, as well as if she had breached the Health Insurance Portability and Accountability Act (HIPAA) by violating the patient’s privacy when she told the media about the abortion.

Bernard’s employer, Indiana University Health, said in a statement Friday it had conducted a review into whether the doctor properly followed privacy laws and found Bernard is “in compliance” with them, but neither the university nor Rokita provided further details about how Bernard complied with the law or why the state believed she may not have.

Bernard’s attorney Kathleen DeLaney said in a statement the doctor “took every appropriate and proper action in accordance with the law and both her medical and ethical training as a physician.”

Rokita said the state would continue to investigate Bernard despite the records showing her compliance with the law.

What To Watch For

Bernard could sue the state, as her attorney said the doctor is “considering legal action against those who have smeared” her, including Rokita. “Know that the facts will come out in due time,” DeLaney said.

Chief Critic

“As we stated, we are gathering evidence from multiple sources and agencies related to these allegations,” Rokita said in a statement after the abortion records were reported. “Our legal review of it remains open.”

Key Background

The 10-year-old girl was denied an abortion in Ohio after the state banned the procedure starting six weeks into a pregnancy. The girl was six weeks and three days pregnant at the time, the Star reported, and eventually received a medical abortion in Indiana on June 30. Bernard was the one who first reported the child’s abortion to the media, telling the Star she had been asked to take the patient from a colleague in Ohio. The child’s case has become a flashpoint in the broader debate over abortion rights in the wake of the Supreme Court overturning Roe v. Wade, with President Joe Biden even commenting on the “extreme” nature of a 10-year-old being forced to carry her child to term. Before the child’s rapist was arrested and arraigned earlier this week after confessing to the crime, many on the right had tried to claim the story was fabricated, including Rokita, who said on Fox News he had not seen a “whisper” of evidence to support Bernard’s story. Those that had publicly cast doubt on the story were then forced to backtrack on those comments once it became clear the story was in fact true.

Surprising Fact

Some anti-abortion advocates have continued to double down on Ohio being justified in denying the 10-year-old girl an abortion. James Bopp, an attorney with the National Right to Life who has helped to draft proposed state abortion bans, told Politico Thursday he believes the child should have been forced to have the baby, “and as many women who have had babies as a result of rape, we would hope that she would understand the reason and ultimately the benefit of having the child.”

Further Reading

Indiana Dr. Caitlin Bernard reported 10-year-old Ohio girl’s abortion, records show (Indianapolis Star)

Indiana Investigates Doctor Who Helped 10-Year-Old Rape Victim Obtain Abortion — Even Though It’s Still Legal There (Forbes)

Ohio Man Charged With Raping 10-Year-Old Girl Who Was Denied Abortion (Forbes)