Abortion in later stages of pregnancy is still legal in most U.S. states, but that is expected to change if the Supreme Court overturns Rowe v. Wade.
Background: If Roe is destroyed, states will be allowed to individually regulate abortion – or even ban it altogether – before viability, known as the point where the fetus can survive outside the womb.
- According to Roe, states have the power to regulate abortion after viability, which is usually considered to be between 24 and 28 weeks after the patient’s last period.
Where are things today
Despite Roe, some states have successfully implemented bans before the 24-week limit largely based on the “unsubstantiated claim” that the fetus may feel pain 22 weeks after the patient’s last period (LMP), according to a study by the Guttmacher Institute. an organization that supports abortion rights.
- Six Weeks LMP: Texas and Oklahoma are the only states that have laws in place that prohibit abortion when heart activity is detected in an embryo that is about six weeks old.
- 20 weeks: Mississippi is the only state that currently bans abortion in the 20th week of pregnancy. The Supreme Court is currently considering a 15-week ban on the state, which has been blocked by lower courts since 2018. This case could determine Rowe’s future.
- 22 weeks: Fifteen states ban abortions at 22 weeks gestation.
More than half of the states have restrictions only on or after viability or no restrictions at all.
- 24 weeks: Five states ban abortions at 24 weeks of pregnancy.
- Viability: Twenty states ban abortions once the fetus is considered viable. Some laws that do not set a limit say that the “judgment” of the abortion provider depends on whether the fetus is viable.
- Third Trimester: Virginia is the only state to ban abortions in the third trimester of pregnancy, which begins at about 25 weeks, according to Gutmacher.
- Unrestricted: Six states and Washington, D.C., do not impose any time limits.
Note: Many countries with restrictions have exceptions, including to preserve the life or health of pregnant women, although they are often narrowly defined.
When patients usually have an abortion
About 93% of reported abortions in 2019 were performed on or before 13 weeks of pregnancy, 6% were performed between 14 and 20 weeks and 1% were performed on or after 21 weeks, according to the latest data from the Centers for disease control and prevention.
- People who tend to have abortions later in pregnancy do so because of “medical problems such as fetal abnormalities or threats to the mother’s life, as well as barriers to care that cause delayed abortions,” according to Kaiser Family. Foundation.
Laws against access
Abortion at any stage is still difficult for many people to access.
- In 2017, Gutmacher announced that there were no abortion clinics in about 89% of U.S. counties. There are even fewer clinics that perform abortions after the 24th week of pregnancy.
- In addition, several states have requirements for patients and providers that Planned Parenthood calls “unreasonable” and “medically unnecessary.”
- Providers who perform abortions near a state’s term face additional hurdles. They need to be “really good at ultrasound” to determine the exact gestational age of the pregnancy to avoid breaking the law, Hannah Peterson, an abortion provider in Kentucky, told Axios.
Countries to watch
Arizona, Florida and Louisiana have passed laws banning 15-week abortions that have not yet taken effect. Mississippi and Kentucky tried to pass similar laws, but were temporarily blocked by the courts.
- The six-week bans on Kentucky, Georgia, South Carolina and Idaho have been temporarily blocked by federal judges. Missouri’s eight-week ban has also been blocked.
- Thirteen states have laws in place that ban abortions shortly after Roe’s repeal.
- Meanwhile, 16 states have codified abortion protection in their laws.
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