what states is abortion legal up to 9 months

Good reproductive health policy starts with apparent research

Good reproductive wellness policy starts with credible research

State Bans on Abortion Throughout Pregnancy

Background

In its landmark 1973 abortion cases, the U.S. Supreme Court recognized a ramble right to ballgame but held that states could prohibit abortion subsequently fetal viability—the bespeak at which a fetus can sustain life exterior the uterus—if their policies met sure requirements. Since then, the Supreme Court has consistently reaffirmed the fundamental right to abortion while also allowing new limits on an individual'due south ability to obtain one. Notwithstanding, after President Trump appointed three conservative justices, the Court now has an anti-abortion majority.

The electric current U.Due south. Supreme Court standard holds that states may prohibit ballgame subsequently fetal viability as long as there are exceptions for the life and health (both physical and mental) of the significant person. Under this legal standard, viability—which can range from 24 to 28 weeks subsequently the beginning of the person'south terminal menstrual period (LMP)—must be determined on an individual basis, and determinations of both fetal viability and the patient's health are at the discretion of the patient's physician. Additionally, states may not crave that boosted physicians confirm an attending doc'south judgment that the patient'due south life or health is at run a risk in cases of medical emergency.

The Court's requirements place decisions regarding the timing and circumstances of an abortion in the easily of the patient and, later on viability, their doctor. Most states restrict abortion at a specific indicate during pregnancy, which normally lasts 40 weeks LMP. In recent years, yet, some land policymakers accept attempted to provoke a Supreme Courtroom challenge by banning abortion before viability. Federal and land courts accept consistently blocked enforcement of laws that ban abortion before 13 weeks LMP, but more than a third of states have successfully implemented "20-week abortion bans." These bans are based on the unfounded exclamation that a fetus can feel pain at twenty weeks postfertilization (an estimated engagement of formulation), equivalent to 22 weeks LMP.

Other states have enacted laws that prohibit or severely limit ballgame in the second or third trimester (starting at 13 weeks and 25 weeks of pregnancy, respectively). When these measures have been challenged, courts have struck down laws with a blanket ban on ballgame at a specific calendar week or trimester, every bit well equally those laws with extremely narrow health exceptions. Nonetheless, not all of these restrictions take been challenged in courtroom. Equally a result, some states still have statutes on the books that do non run into the Courtroom'southward requirements. For instance, a few states accept enacted previability bans, including a half dozen-week ban in Texas and a 20-week ban in Mississippi. Some states also continue to maintain and enact new laws requiring involvement of a 2nd physician to certify or attend the ballgame under particular circumstances.

The result is a patchwork of state limitations on abortion throughout pregnancy that leaves many people unable to receive the care they need

Definitions

Last menstrual period (LMP): The kickoff of pregnancy calculated from the beginning of the nearly recent menstrual period. An average pregnancy lasts approximately twoscore weeks from this point.

Postfertilization: The beginning of pregnancy calculated from the date of conception; 20 weeks postfertilization is equivalent to 22 weeks LMP.

Postimplantation: The beginning of pregnancy calculated from the date of embryo implantation; 24 weeks postimplantation is equivalent to 27 weeks LMP.

Full general health: Defined by an individual doctor and includes the patient'due south mental and emotional wellness.

Physical health: Applies only to the physical part of the patient's torso and may even be restricted to major bodily functions.

Viability: The signal at which a fetus can sustain survival outside the uterus. Determined based on the fetus's developmental progress and may vary by pregnancy. A fetus by and large reaches viability between 24 and 28 weeks LMP.

Visit our state legislation tracker for policy activity on all sexual and reproductive health topics.

Highlights

• 16 states (including 4 with two different bans) accept attempted to ban abortion before viability but take been stopped by courtroom social club. Several of these states nevertheless take bans in effect at a later point in pregnancy.
  • 3 states attempted to ban abortion throughout pregnancy.
  • 8 states attempted to ban abortion at vi weeks LMP, based on the presence of a fetal heartbeat.
  • 1 state attempted to ban abortion at eight weeks LMP.
  • 1 state attempted to ban ballgame at 12 weeks LMP.
  • 2 states attempted to ban ballgame at xv weeks LMP.
  • 2 states attempted to ban ballgame at 18 weeks LMP.
  • 2 states attempted to ban abortion at 20 weeks LMP (18 weeks postfertilization in land law).
  • i state attempted to ban abortion at 22 weeks LMP (twenty weeks postfertilization in state constabulary).
• 44 states prohibit some abortions afterward a certain betoken in pregnancy.
  • 1 state bans abortion at half-dozen weeks LMP.
  • 22 states ban abortion between 13 and 24 weeks LMP.
    • 1 state bans ballgame at 20 weeks LMP (18 weeks postfertilization in state law).
    • sixteen states ban abortion at 22 weeks LMP (twenty weeks postfertilization in country law) on the unscientific grounds that a fetus can experience pain at that betoken.
    • 5 states ban abortion at 24 weeks LMP.
  • 20 states impose a ban at viability.
  • 1 state imposes a ban in the tertiary trimester (25 weeks LMP onward)

Printer-friendly version

Topic

Geography

• Northern America: United States
  • Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Commune of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Northward Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Due south Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Westward Virginia, Wisconsin, Wyoming

State Bans on Abortion Throughout Pregnancy
Statutory limit	State	Exceptions
		Life	General health	Concrete health §	Other
Conception	Alabama	▽		▽
	Arkansas	▽
	Louisiana	▼
	Oklahoma	▽		▽
	Utah	▼
Full IN Issue	0	0		0	0
half dozen weeks LMP	Georgia	▽		▽
	Iowa	▼		▼
	Kentucky	▽		▽
	Mississippi	▽		▽
	North Dakota	▼		▼
	Ohio	▽		▽
	Oklahoma	▽		▽
	Southward Carolina	▽		▽	Rape, incest, lethal fetal anomaly
	Tennessee	▽		▽
	Texas	X		X
TOTAL IN Upshot	i	one		one	0
8 weeks LMP	Missouri	▽		▽
Full IN EFFECT	0	0		0	0
12 weeks LMP	Arkansas	▼		▼
Total IN Upshot	0	0		0	0
xv weeks LMP	Louisiana	▼		▼	Lethal fetal anomaly
	Mississippi	▼		▼
TOTAL IN Result	0	0		0
18 weeks LMP	Arkansas	▽		▽
	Utah	▽		▽	Rape, incest, lethal fetal bibelot
TOTAL IN EFFECT	0	0		0	0
twenty weeks LMP	Arizona	▼		▼
	Mississippi*,†	X		X	Lethal fetal anomaly
	Montana	▽		▽
	Northward Carolina	▼		▼
Full IN EFFECT	ane	one		1	i
22 weeks LMP	Alabama*, †, ‡	10		X
	Arkansas*,†	X		X	Rape, incest
	Georgia*	X		10	Lethal fetal anomaly
	Idaho‡	▼		▼
	Indiana†,*	X		X
	Iowa*	X		Ten
	Kansas*,‡	X		X
	Kentucky*	Ten		X
	Louisiana*,†	Ten		Ten	Lethal fetal anomaly
	Nebraska*	X		X
	North Dakota*,†	10		X
	Ohio*,†,‡	Ten		X
	Oklahoma*,†	Ten		X
	S Carolina*,‡	X		X	Lethal fetal bibelot
	South Dakota*	10		10
	West Virginia*	X		X
	Wisconsin*	X		X
Full IN Outcome	16	16		16	4
24 weeks LMP	Florida‡	X		X
	Nevada	X	Ten
	Massachusettsβ	X	X		Lethal fetal anomaly
	New Hampshire	X		X
	Pennsylvania†,‡	10		Ten
TOTAL IN EFFECT	five	v	2	three	1
Viability	Arizona†	X	10
	California	X	X
	Connecticut	10	10
	Delaware‡	X	10		Lethal fetal anomaly
	Hawaii	X	X
	Idaho	X
	Illinois	X	Ten
	Maine	10	X
	Maryland	X	X		Fetal anomaly
	Michigan	X
	Minnesota†	Ten	X
	Missouri†	X		Ten
	Montana‡	X		10
	New York	10	X
	North Carolina	Ten		X
	Rhode Island	X	10
	Tennessee†,‡	Ten		X
	Utah	Ten		X	Rape, incest, lethal fetal anomaly
	Washington	X	X
	Wyoming	Ten		X
Total IN EFFECT	20	20	12	half-dozen	4
Third trimester	Virginia‡	Ten	X
TOTAL IN EFFECT	ane	1	i	0	0

▼ Permanently enjoined by court order; law non in effect.

▽ Temporarily enjoined by court order; law not in effect.

§ This exception typically permits an abortion when the private suffers from a condition that risks "substantial and irreversible impairment" or "imminent peril" of a "major bodily function."

* Based on the exclamation that a fetus tin feel pain at xviii or 20 weeks postfertilization.

† State requires a 2nd physician to attend an ballgame that takes place later on the state's gestational age limit. 5 states—Alabama, Arizona, Arkansas, Louisiana and Oklahoma—have this requirement only for an ballgame after viability. Minnesota requires the presence of a second medico at or after 20 weeks LMP.
‡ Land requires a second dr. to approve an abortion if it will take identify after the state'southward gestational age limit. Alabama, Idaho and Kansas crave blessing simply for an abortion subsequently viability.

β State constabulary defines pregnancy from the appointment of embryo implantation.

Get updates on policy issues and more

terryolower.blogspot.com

Source: https://www.guttmacher.org/state-policy/explore/state-policies-later-abortions

Share this post