Legal issues relating to later abortion

woman talking with her doctor


In the 1973 decisions that legalized abortion in the United States, the U.S. Supreme Court held that states could restrict or ban abortions after fetal viability. However, in these and subsequent decisions, the Court has held that even after fetal viability, states may not prohibit abortions “necessary to preserve the life or health of the mother;” and that “health” in this context includes both physical and mental health. Many states have passed laws that restrict access to later abortions:


A note on terminology and “late-term abortion”:

The terminology used to discuss abortions after the first trimester varies enormously. There is no agreement in the law or in the medical community about what constitutes the limit of the second trimester, for example. In scholarly journals, these abortions are variously referred to as “mid-trimester abortion,” “second-trimester abortion” (which is used to describe abortions up to 24 weeks or up to 27 weeks, depending on the writer or the state law) and late abortion. Within the mainstream media, the phrase “late-term abortion” is often used in articles about abortion policy and advocacy. These competing terms do not provide accurate clinical descriptions or contribute to public knowledge about abortion care and the differences at various stages of gestation. It is for this reason that we do not use the phrase “late-term abortion” here, and recommend against its use. Instead, we use and recommend the phrase “later abortion” to identify any pregnancy termination after 17 weeks of gestational age.

For reproductive health news, see ANSIRH’s blog.