Understanding Abortion Laws: Trimester Legalities Explained

The topic of trimester abortion is a highly controversial issue, with varying laws and regulations in different countries and states. In the United States, the law on trimester abortion has undergone significant changes in recent years, particularly after the Supreme Court's decision in Dobbs v. Jackson Women's Health Organization, which overturned Roe v. Wade and eliminated the federal constitutional right to abortion. As a result, many states have implemented new abortion restrictions and bans, with varying gestational limits.

Currently, there is no uniform definition of what constitutes a trimester abortion, and the laws and regulations surrounding it differ across states. Some states have banned abortion altogether, with limited exceptions to protect the life or physical health of the patient. Others have implemented gestational limits, banning abortion after a certain number of weeks, which is typically defined as the number of weeks since the last menstrual period or since conception.

The debate surrounding trimester abortion is often centred around the viability of the fetus and the potential impact on the physical and mental health of the pregnant woman. While some argue that late-term abortions should be restricted, others emphasise the need to protect reproductive rights and address rare but critical scenarios, such as pregnancies resulting from rape or incest.

The laws and regulations regarding trimester abortion continue to evolve, and the topic remains a highly contested issue in the United States and other countries.

Gestational duration

In the US, 28 states have abortion bans based on gestational duration. Eight states ban abortion at or before 18 weeks' gestation, and 20 states ban abortion at some point after 18 weeks. The specific gestational limits vary between states. For example, four states ban abortions at 24 weeks of pregnancy, while eight states ban abortion at 20 weeks.

The concept of "viability" is also used to define abortion restrictions, referring to the point at which a fetus can survive outside the uterus, generally between 24 and 26 weeks LMP. Many statutory bans define limits on abortion based on the concept of viability.

The exact point at which an abortion is considered "late-term" is not clearly defined and varies between different medical publications. Some sources consider late-term abortions to be those performed after 20 weeks of gestation, while others use a threshold of 28 weeks. In the US, the point at which an abortion becomes late-term is often related to fetal viability.

In Europe, late-term abortions are generally only permitted if specific circumstances are present, such as when the pregnancy poses a serious danger to the life or health of the woman, or when a serious fetal abnormality is diagnosed. The gestational thresholds for these abortions vary between countries, with most allowing them after 10-14 weeks, while Sweden and Iceland permit them up to 18 weeks, and the Netherlands and Great Britain up to 24 weeks.

Viability

In the United States, the concept of viability is often used to define the point at which an abortion becomes "late-term". While there is no consensus on viability, many statutory bans define limits on abortion based on this concept. As of October 2024, 28 states ban abortion based on gestational duration, with 20 of these states banning abortion at some point after 18 weeks.

In the United States Supreme Court's ruling on Dobbs v. Jackson Women's Health Organization, the Court ruled on the question of "whether all pre-viability prohibitions on abortion are unconstitutional." The Court's decision upheld Mississippi's 15-week abortion ban and overturned Roe v. Wade, eliminating the federal constitutional right to abortion.

While the Supreme Court's ruling in Dobbs v. Jackson removed the federal constitutional right to abortion, the decision does not ban abortion nationwide. Instead, the United States now reverts to its pre-Roe status, where abortion policy is left entirely to individual states to legislate.

State laws and policies

As of October 2024, 41 states have restricted abortions after a certain point in pregnancy, with the remaining nine states and Washington, D.C., not imposing such bans. The specific restrictions vary widely by state, and some states have multiple restrictions in place.

Gestational Limits

• Eight states ban abortion altogether, with exceptions for threats to the patient's life.
• Four states ban abortion after fetal cardiac activity can be detected, which is typically around six weeks into a pregnancy.
• Mississippi and Florida ban abortion at 15 weeks.
• Eight states ban abortion at 20 weeks.
• Four states ban abortions at 24 weeks.
• Virginia bans abortion at the third trimester, which begins at 25 weeks, with exceptions for the life and general health of the patient.
• Six states and Washington, D.C., have no gestational limit on abortions.

Viability

Eleven states restrict abortion at the point of fetal viability, which is generally considered to be between 24 and 28 weeks.

Conception

Fourteen states restrict abortion after conception.

Other

• One state restricts abortion at 18 weeks since the last menstrual period.
• Three states restrict abortion at 20 weeks post-fertilization or 22 weeks after the last menstrual period.

In addition to these restrictions, some states have passed laws to explicitly protect the right to abortion, and some have passed laws to restrict it further. For example, Texas passed a six-week "heartbeat" abortion ban in 2021, and West Virginia passed a bill in 2022 prohibiting abortions except in cases of rape or incest.

The Supreme Court's ruling in Dobbs v. Jackson has resulted in a complex web of laws and policies that govern the availability, accessibility, and legality of abortion procedures across the United States.

Third-trimester abortions

Legality of Third-Trimester Abortions in the United States

The Supreme Court's ruling in Dobbs v. Jackson Women's Health in 2022 overturned Roe v. Wade, giving individual states the power to regulate abortion or ban it completely before fetal viability. This has resulted in a varied landscape of abortion laws across the country, with some states imposing gestational limits and others having no restrictions at all.

As of 2024, Virginia is the only state that specifically prohibits abortions in the third trimester, which it defines as starting at 25 weeks. Eight other states and Washington, D.C., have no restrictions on third-trimester abortions. Additionally, four states ban abortions at 24 weeks, which is around the time when fetal viability begins.

Reasons for Third-Trimester Abortions

Public Opinion on Third-Trimester Abortions

Most Americans are uncomfortable with the idea of third-trimester abortions and believe they should be restricted. A 2023 Gallup poll found that only 22% of respondents thought abortion should be legal in the third trimester, compared to over two-thirds who supported its legality in the first trimester. Similarly, an Associated Press poll from 2021 showed that just 8% of respondents believed third-trimester abortions should be legal in all cases.

Public opinion

First Trimester

There is broad support for abortion rights during the first trimester of pregnancy. Around 60% of Americans believe that abortion should be legal during this stage, with some polls showing even higher support among certain demographics such as young adults, college-educated adults, and Democrats. This support is largely consistent across gender lines, with men and women holding similar views.

Second Trimester

Support for abortion drops significantly in the second trimester. While many Americans believe that abortion should generally be restricted after the first trimester, they also recognise certain circumstances where abortion should be allowed. For example, a majority support abortion during this stage if the woman's life is endangered, the pregnancy is a result of rape or incest, or the child would be born with a life-threatening illness.

Third Trimester

Support for abortion drops even further in the third trimester, with only about 13% of Americans supporting its legality during this stage. However, there are still circumstances where a significant portion of the population believes abortion should be allowed, such as when the woman's life is endangered or the child would be born with severe disabilities.

Factors Influencing Public Opinion

The public's views on abortion are influenced by various factors, including the stage of pregnancy, the reasons for abortion, and personal beliefs. Additionally, religious affiliation plays a significant role, with White evangelical Protestants being the most opposed to abortion, while religiously unaffiliated individuals are the most supportive.

Overall, while there is broad support for abortion rights during the first trimester, opinions become more divided and restrictive as the pregnancy progresses, with a majority of Americans favouring some restrictions on abortion, especially in the later stages of pregnancy.

Frequently asked questions