Late-Term Abortion Laws: Understanding The Complex Legal Landscape

The topic of late-term abortion laws is a highly controversial and complex issue that has been the subject of much debate and legal scrutiny in recent years. Late-term abortions, also known as third-trimester abortions, refer to the termination of pregnancy after the 20th week of gestation or fetal age of about 18 weeks. While the exact definition of late-term varies, it generally describes abortions that occur later in pregnancy when the fetus may be more developed and closer to viability. The legality of late-term abortions varies across different states and countries, with some imposing bans or restrictions while others allow them under certain circumstances. This has led to a dynamic and evolving legal landscape, with court rulings and legislative changes frequently shaping the availability and accessibility of late-term abortions.

Late-term abortion laws in the US

Late-term abortions are a highly controversial topic in the US, with conflicting laws and opinions across different states. The term "late-term abortion" itself is not a medically recognised term, and is used by anti-abortion activists to describe abortions that happen at 15 or 20 weeks, or even earlier. The medical community has criticised this term as it implies abortions taking place after a pregnancy has reached full term, which is false.

In the US, the legality of late-term abortions varies from state to state. As of June 2022, when the Supreme Court overturned Roe v. Wade, states have had the power to individually regulate abortion laws. This has resulted in a variety of gestational limits and definitions of what constitutes a late-term abortion. For example, in Virginia, abortions are prohibited starting in the third trimester (around 25 weeks), while in Iowa, abortions are banned starting at 20 weeks post-fertilisation.

The debate around late-term abortions is often fraught with misinformation and intense public discussions. Some states have implemented bans before the 24-week mark, based on the "unfounded assertion" that a fetus can feel pain at 22 weeks. However, it is important to note that the vast majority of abortions in the US occur before the 13th week, and abortions at or after 21 weeks represent only 1% of all abortions.

Access to late-term abortions is limited, and they are typically only performed by a small subset of abortion providers. They can also be expensive and require travel and lost wages, making them difficult to obtain for many individuals. The reasons individuals seek late-term abortions include medical concerns, such as fetal anomalies or maternal life endangerment, as well as barriers to care that cause delays in obtaining an abortion.

Late-term abortion laws by state

Late-term abortion laws vary by state in the US. "Late-term" abortion typically refers to abortions obtained at or after 21 weeks, although this is not an accepted medical term and there is no consensus on the gestational age it refers to. Abortions at or after 21 weeks are rare and account for only 1% of all abortions in the US.

As of June 2024, 14 states have laws banning nearly all abortions starting at fertilization. These states are:

• Florida
• South Carolina
• Georgia
• Nebraska
• North Carolina
• Arizona
• Utah
• Iowa
• Kansas
• Ohio
• Wisconsin
• Virginia
• Two other unnamed states

In addition, some states have gestational limits on abortions, while others have no restrictions at all. Six states and Washington, D.C., do not impose any term restrictions.

The legality of abortion later in pregnancy has changed significantly since the Supreme Court's ruling overturning Roe v. Wade, which gave states the power to regulate abortion before viability, the point at which a fetus can survive outside the womb. Previously, states could only regulate abortion after viability, generally considered to be between 24 to 28 weeks after a patient's last menstrual period.

Public opinion on late-term abortion laws

Public opinion on abortion in the US has fluctuated over the years but has remained relatively stable recently. A 2024 survey by Pew Research found that 63% of US adults believe abortion should be legal in all or most cases, while 36% say it should be illegal in all or most cases.

There are variations in opinion across different demographics. For example, 86% of religiously unaffiliated Americans support legal abortion, compared to 73% of White evangelical Protestants, who think it should be illegal. A majority of both men (61%) and women (64%) support legal abortion.

When looking at age groups, 76% of adults under 30 support legal abortion, compared to 57% of those in their 50s and early 60s. Education also seems to play a role, with 68% of college graduates supporting legal abortion, compared to 56% of those with a high school degree or less.

Political affiliation is also a factor, with 85% of Democrats and Democratic leaners supporting legal abortion, compared to 57% of Republicans and Republican leaners.

While public opinion on abortion in general is divided, late-term abortions are more controversial. They are often associated with specific circumstances, such as risks to the pregnant woman's health or the detection of birth defects or lethal fetal abnormalities.

In the US, late-term abortions are sometimes referred to as post-viability abortions, as they are related to fetal viability, or the ability of the fetus to survive outside the uterus. However, it is important to note that the exact point when an abortion is considered late-term is not clearly defined and can vary across different sources and countries.

Late-term abortions are rare, accounting for a small percentage of all abortions performed. They are often difficult to access, costly, and require travel and lost wages.

The impact of late-term abortion laws

Late-term abortions are a highly controversial topic, with varying definitions and laws across the world. The exact point when an abortion is considered late-term is not clearly defined, with different medical publications and countries using varying gestational age thresholds. In the United States, late-term abortions are sometimes referred to as post-viability abortions, as they are related to the fetus's ability to survive outside the uterus.

Impact on Women's Access to Abortion

Late-term abortion laws have a direct impact on women's access to abortion services. In the United States, the Supreme Court's decision in Dobbs v. Jackson Women's Health in 2022 eliminated the federal constitutional standard protecting the right to abortion. This has resulted in a patchwork of state laws and regulations, with some states banning abortion at any stage of pregnancy, while others impose gestational limits. These varying laws create confusion and restrict women's access to abortion, especially for those living in states with stringent abortion laws.

Impact on Women's Health and Well-being

Late-term abortions are often sought due to medical concerns, such as fetal anomalies or maternal life endangerment. Restrictive late-term abortion laws can put women's health and lives at risk, particularly in cases where a pregnancy poses a serious threat to the woman's health or life. The lack of access to late-term abortions can force women to carry high-risk pregnancies to term, endangering their health and well-being.

Financial and Logistical Burdens

Late-term abortions are typically costly and may require travel to other states, resulting in additional expenses and lost wages. This can be especially burdensome for women with limited financial resources, as the cost of the procedure, travel, and lodging can be prohibitive. The financial barriers to accessing late-term abortions can lead to delays in obtaining abortion care, pushing women further along in their pregnancies.

Impact on Healthcare Providers

Late-term abortion laws also impact healthcare providers, as they must navigate the complex and varying legal landscape surrounding abortion. Providers who perform late-term abortions may face legal vulnerabilities, especially in states with restrictive laws. Additionally, the number of providers trained and willing to perform late-term abortions is limited, further reducing access for women seeking these services.

Impact on Public Discourse and Policy

The topic of late-term abortions is often fraught with misinformation and inflammatory terminology, such as "partial birth" or "born-alive" abortions. This distortion of the issue can influence public opinion and shape policy decisions. The politicization of abortion issues, rather than evidence-based decision-making, further complicates the impact of late-term abortion laws.

In conclusion, late-term abortion laws have far-reaching consequences, affecting women's access to reproductive healthcare, their health and well-being, and the broader public discourse surrounding abortion. The impact of these laws is complex and multifaceted, highlighting the need for informed, evidence-based approaches to abortion policy and legislation.

International late-term abortion laws

Late-term abortion laws vary across the world. In some countries, abortion is freely available on request, while others impose regulations, restrictions, or outright prohibitions. Gestational limits for abortions also differ depending on the reason for termination and the country's specific laws.

International Abortion Laws

Europe

In Europe, abortion laws vary by country. As of 2015, all European countries only permit abortions after 10-14 weeks if specific circumstances are present, such as when the pregnancy poses a serious danger to the woman's life or health, or when severe foetal anomalies are detected. Sweden and Iceland allow abortions up to 18 weeks, while the Netherlands and Great Britain permit them up to 24 weeks.

North America

In the United States, abortions after 21 weeks account for 1.3% of procedures, and less than 1% occur after 24 weeks. The point at which an abortion becomes "late-term" is often related to foetal viability, and late-term abortions are sometimes referred to as "post-viability abortions." The Supreme Court's Roe v. Wade decision allowed states to impose more restrictions on post-viability abortions. As of December 2014, 43 states had bans on late-term abortions.

Canada, on the other hand, has no legal limit on when an abortion can be performed. As of 2019, approximately 87% of abortions occurred by 12 weeks, with 1.17% taking place after 21 weeks.

Latin America

Latin America has seen a recent liberalization trend, with countries like Colombia, Mexico, Argentina, and others in the region advancing abortion rights. However, abortion laws in Latin America vary significantly. Cuba, for example, allows abortion on request up to 10 weeks, while countries like the Dominican Republic, El Salvador, Honduras, and Nicaragua ban abortion entirely.

Asia

In Asia, abortion laws differ widely. China and Vietnam have no legal restrictions on when an abortion can be performed. In Japan, abortions are permitted up to 22 weeks for socioeconomic reasons. Singapore permits abortions up to 24 weeks.

Oceania

In Oceania, Australia's abortion laws vary by state or territory. South Australia, the only state with reliable abortion statistics as of 2015, reported that 92% of abortions were performed before 14 weeks, 6% between 14 and 20 weeks, and 2% after 20 weeks. New Zealand allows abortions to be performed between 16 and 19 weeks and over 20 weeks under specific circumstances.

Frequently asked questions