Understanding Late-Term Abortion Laws: The 2021 Cut-Off

The cut-off for late-term abortions varies across different countries and states. In the United States, the Supreme Court's ruling to overturn Roe v. Wade in 2022 gave individual states the power to regulate abortion laws. While some states have imposed bans on abortions before the 24-week mark, others have restricted abortions at 18 weeks, 15 weeks, or even as early as six weeks. The definition of late-term also varies, with different medical publications using different gestational age thresholds. Generally, a late termination of pregnancy refers to an abortion after the 20th week of gestation, but this definition is not precise and can range from 18 to 28 weeks.

'Late-term' abortion definition

Late-term abortion, also known as late termination of pregnancy, refers to the termination of pregnancy by induced abortion or induced labour during a late stage of gestation. The term "late" is not precisely defined, with different medical publications and countries using varying gestational age thresholds. In the context of abortion laws, late-term abortions are typically associated with abortions performed after fetal viability, which is generally considered to be between 24 to 28 weeks after a patient's last menstrual period.

In the United States, the point at which an abortion becomes late-term is often related to fetal viability, or the ability of the fetus to survive outside the uterus. As such, late-term abortions are sometimes referred to as post-viability abortions. However, it is important to note that there is no sharp limit of development, age, or weight at which a fetus becomes viable. The survival rate of infants born prematurely varies and depends on several factors, including the availability of medical interventions, the weight and sex of the fetus, and other variables.

While the exact cutoff for late-term abortions is not clearly defined, various sources and organizations have proposed different thresholds. The American College of Obstetricians and Gynecologists reports that 23% of abortion providers offer abortions at 20 weeks of gestation and later, with the method known as dilation and evacuation (D&E) being the most common procedure for late-term abortions. Additionally, in three articles published in 1998 in the Journal of the American Medical Association (JAMA), two articles defined late-term abortion as abortions performed after the 20th week of gestation, while one article defined it as abortions after the 28th week.

As of 2023, abortion laws in the United States have undergone significant changes following the Supreme Court's ruling in Dobbs v. Jackson Women's Health Organization, which overturned Roe v. Wade. This ruling eliminated the federal constitutional right to abortion, allowing states to impose their own regulations. Currently, many states have enacted gestational limits on abortions, with varying cutoff points for late-term abortions. These cutoff points range from six weeks to 24 weeks, with some states using the third trimester (around 28 weeks) as the cutoff. Additionally, some states use fetus viability as the cutoff, which can vary depending on the specific state's definition.

It is important to note that, regardless of the specific cutoff points, all states in the U.S. have exceptions and allow late-term abortions when a woman's health, physical health, or life is at risk due to the pregnancy.

Gestational limits and exceptions

In the United States, the gestational limit for abortions is determined by individual states. The Supreme Court's ruling in 2022 that overturned Roe v. Wade gave states the power to regulate abortion or ban it completely before viability, which is generally considered to be between 24 to 28 weeks after a patient's last menstrual period.

Currently, there is a variety of gestational limits on abortions across the country. Some states have bans in place as early as six weeks, when cardiac activity is first detected, while others have bans at 12, 15, 18, or 22 weeks. A few states ban abortions at 24 weeks, and Virginia is the only state that prohibits abortions in the third trimester, which starts at around 25 weeks.

It's important to note that over half of the states have restrictions in place only at or after viability, or they have no gestational limit at all. Additionally, most states with restrictions have exceptions, such as preserving the life or health of the pregnant person or in cases of lethal fetal anomalies, although these exceptions are often narrowly defined and difficult to access.

The exact point at which an abortion is considered late-term is not clearly defined and varies across different medical publications. Some sources consider late-term abortions to be those performed after 20 weeks of gestation, while others use the 28-week mark as the cutoff point. The American College of Obstetricians and Gynecologists reports that 23% of abortion providers offer abortions at 20 weeks of gestation and later.

In Europe, the gestational limits for abortions vary by country, with most countries permitting abortions after 10 to 14 weeks, while Sweden and Iceland allow abortions up to 18 weeks, and the Netherlands and Great Britain allow abortions up to 24 weeks. These countries generally require specific circumstances to be present, such as a serious danger to the life or health of the pregnant woman or the detection of a serious fetal anomaly.

The debate around gestational limits and exceptions for abortions remains highly controversial, with varying legal and social perspectives across different states and countries.

Viability and survival rates

There is no sharp limit of development, age, or weight at which a fetus becomes viable. A 2015 study found that no infants born at less than 22 weeks survived, even with active treatment. At 23 weeks, survival without severe impairment is less than 2%, and at 25 weeks, up to 30% might survive without severe impairment. According to studies between 2003 and 2005, 20 to 35 percent of babies born at 24 weeks of gestation survived, while 50 to 70 percent of babies born at 25 weeks, and more than 90 percent born at 26 to 27 weeks, survived.

The chance of survival is variable, depending on interventions available and the weight and sex of the fetus. There is no consensus on viability, and the American College of Obstetricians and Gynecologists reports that 23% of abortion providers offer abortions at 20 weeks of gestation and later.

In the United States, the point at which an abortion becomes late-term is often related to fetal viability. As of 2015, more than 90% of abortions occur before the 13th week, 1.3% took place after the 21st week, and less than 1% occur after 24 weeks.

In 2019, a US Senate Bill entitled the "Born-Alive Abortion Survivors Protection Act" raised the issue of live birth after abortion. The bill would mandate that medical providers resuscitate neonates delivered during an abortion process who show signs of life. US abortion experts refute the claim that a "born-alive" fetus is a common event and oppose the enactment of such laws.

State abortion laws

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. While the exact point at which an abortion is considered late-term is not clearly defined, it is often considered to be after 20 to 28 weeks of gestation.

Following the US Supreme Court's decision in Dobbs v. Jackson Women's Health, which overturned Roe v. Wade, states now have the power to individually regulate abortion laws, including implementing bans before viability. As of 2023, 13 states have near-total abortion bans in place, and several others have gestational limits or other restrictions in place. Here is an overview of state abortion laws as of 2023:

• Fertilization: 14 states ban abortions starting at fertilization or conception.
• Six weeks: South Carolina and Georgia ban abortions after cardiac activity is detected, which typically occurs around six weeks.
• 12 weeks: Nebraska and North Carolina ban abortions at the 12-week mark.
• 15 weeks: Arizona and Florida ban abortions at 15 weeks.
• 18 weeks: Utah is the only state that bans abortions at 18 weeks of pregnancy.
• 22 weeks: Iowa, Kansas, Ohio, and Wisconsin ban abortions at 22 weeks of pregnancy.
• 24 weeks: Four states ban abortions at 24 weeks of pregnancy.
• Viability: 14 states ban abortions after the fetus is considered viable, which is generally between 24 to 28 weeks.
• Third trimester: Virginia is the only state that prohibits abortions in the third trimester, starting at around 25 weeks.
• No limit: Six states and Washington, D.C., do not impose any term restrictions on abortions.

It is important to note that most states with restrictions have exceptions, such as to protect the pregnant person's life or health, but these exceptions are often narrowly defined. Additionally, abortion at any stage remains difficult to access for many individuals due to various requirements and barriers.

Public opinion on abortion laws

Public opinion on abortion in the US varies depending on various factors, including religious affiliation, political party identification, gender, race, and age.

According to a Pew Research Center survey conducted in April 2024, 63% of US adults believe that abortion should be legal in all or most cases, while 36% say it should be illegal in all or most cases. The survey also revealed that 86% of religiously unaffiliated Americans, 71% of Black Protestants, 64% of White non-evangelical Protestants, and 59% of Catholics support legal abortion.

Among Republicans and independents who lean towards the Republican Party, 57% say abortion should be illegal in all or most cases, while 85% of Democrats and Democratic leaners support legal abortion. Conservative Republicans are more likely to oppose abortion, with 71% saying it should be illegal, compared to 67% of moderate and liberal Republicans who support it.

Majorities of both men (61%) and women (64%) express support for legal abortion. Across racial and ethnic groups, about three-quarters of Asian (76%) and Black (73%) adults, 60% of White adults, and 59% of Hispanic adults say abortion should be legal in all or most cases.

When it comes to age, younger adults are more likely to support legal abortion, with 76% of those under 30 expressing support, compared to 57% of those in their 50s and early 60s, and 59% of those 65 and older.

Education also plays a role in shaping opinions, with 68% of college graduates and 64% of those with some college education supporting legal abortion, compared to 56% of those with a high school degree or less.

While public support for legal abortion has fluctuated over the years, it has remained relatively stable in recent times. The debate around abortion laws continues to be a divisive issue in the US, with varying opinions across the political and social spectrum.

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