Abortion Limits: Understanding The Legal Boundaries

Abortion laws vary from country to country and state to state. In the US, abortion is a divisive issue in politics and culture wars, though a majority of Americans support access to abortion. In 2022, Roe v. Wade was overturned, ending the protection of abortion rights by the US Constitution and allowing individual states to regulate any aspect of abortion not preempted by federal law. Since then, abortion laws have been in flux, with some states criminalising abortion and others strengthening protections. Globally, there is a trend towards the liberalisation of abortion laws, with more than 60 countries and territories having liberalised their abortion laws in the last 30 years.

Gestational limits

The most common gestational limit for countries that allow abortion on request is 12 weeks. In the US, states have different laws regarding gestational limits. For example, Florida, South Carolina, and Georgia ban abortions after six weeks, when cardiac activity is usually detected in the embryo. Nebraska and North Carolina ban abortions at 12 weeks, while Arizona bans abortions at 15 weeks. Utah has a gestational limit of 18 weeks, Iowa at 20 weeks, and Kansas and Ohio at 22 weeks.

Some states have more lenient laws, such as Wisconsin, which bans abortions at 20 or more weeks post-fertilization (22 weeks after the last menstrual period). Four states ban abortions starting at 24 weeks, and Virginia is the only state that prohibits abortions in the third trimester, which starts at around 25 weeks.

On the other hand, 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 preserve a pregnant person's life or health, but these are often narrowly defined.

The debate around gestational limits is part of the broader discussion on abortion rights and access. While some advocate for stricter limits and even total bans, others argue for the protection of abortion as a fundamental human right and the need for safe and legal access.

Viability

The Court has declared that the state has a "compelling interest" in protecting "potential life" at the point of viability. Viability is usually placed at about seven months (28 weeks) but may occur earlier, even at 24 weeks. Advances in medical technology over the past few decades have allowed the survival of some babies born as early as 22 weeks.

More than a dozen states in the US ban abortions after the fetus is considered viable. Some laws that don't specify a limit say it's up to the abortion provider's "judgment" to determine whether a fetus is viable.

State-level variations

There are a variety of ways in which state-level laws vary. Some states have gestational limits on abortions, with bans kicking in at different points in the pregnancy. For example, Florida, South Carolina, and Georgia ban abortions after cardiac activity is detected, which is typically around six weeks. Nebraska and North Carolina ban abortions at the 12-week mark, while Arizona bans abortions at 15 weeks. Utah has an 18-week ban, Iowa has a 20-week ban, and Kansas and Ohio ban abortions at 22 weeks. Wisconsin bans abortions at 20 or more weeks post-fertilization, which is equivalent to 22 weeks after the last menstrual period.

In addition to gestational limits, some states have laws that ban abortions after the fetus is considered viable, which is typically around 24 weeks. Virginia is the only state that prohibits abortions starting in the third trimester, which begins at around 25 weeks. Other states, such as Alaska, California, Illinois, Michigan, Minnesota, North Dakota, Vermont, 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 preserve the life or health of a pregnant person, although these exceptions are often narrowly defined. The debate over abortion laws continues to be a divisive issue in American politics and culture, with anti-abortion and pro-choice advocates engaged in a tug-of-war over specific legalities and limits.

Public opinion

Political Affiliation

According to a 2024 survey by the Pew Research Center, 85% of Democrats and Democratic leaners say abortion should be legal in all or most cases, compared to 57% of Republicans and Republican leaners.

Religion

The same survey found that 73% of White evangelical Protestants think abortion should be illegal in all or most cases, while 86% of religiously unaffiliated Americans, 71% of Black Protestants, 64% of White nonevangelical Protestants, and 59% of Catholics say abortion should be legal in all or most cases.

Gender

The survey also showed that majorities of both men (61%) and women (64%) express support for legal abortion.

Race and Ethnicity

Majorities of adults across racial and ethnic groups express support for legal abortion. About three-quarters of Asian (76%) and Black (73%) adults say abortion should be legal in all or most cases, as do 60% of White adults and 59% of Hispanic adults.

Age

Among adults under 30, 76% say abortion should be legal in all or most cases, as do 61% of adults in their 30s and 40s. For those in their 50s and early 60s, 57% express support for legal abortion, as do 59% of those aged 65 and older.

Education

About two-thirds of college graduates (68%) say abortion should be legal in all or most cases, as do 64% of those with some college education. Among those with a high school degree or less education, 56% say abortion should be legal in all or most cases, while 41% say it should be illegal in all or most cases.

Geographic Location

A PRRI survey from 2023 showed that majorities of residents in blue states (70%), battleground states (64%), and red states (57%) support the legality of abortion.

LGBTQ+ Community

A solid majority of LGBTQ+ Americans (82%) say abortion should be legal in all or most cases, compared with 62% of Americans who identify as straight.

Criminal penalties

In the United States, abortion is a divisive and polarising issue, with laws varying widely from state to state. While a majority of Americans support access to abortion, the country is witnessing a battle between anti-abortion and pro-choice advocates over the specific legalities and limits of the procedure.

Currently, 13 states have criminal penalties for performing abortions, regardless of the gestational age. The penalties in these states vary, with some imposing felony charges and others setting out specific prison terms and/or fines. For example, in some states, performing an abortion is classified as a felony, punishable by imprisonment ranging from a minimum of one year to a maximum of 10 years. Other states impose more severe penalties, such as a minimum of 10 years or even life imprisonment.

It is important to note that the chart outlining these penalties only addresses the authorisations specified by the state laws that explicitly restrict or ban abortions. The risk of prosecution under other laws related to fetal-personhood or the protection of pregnant women remains a complex and evolving area of jurisprudence.

In addition to state-level criminal penalties, there are also a few federal laws that provide substantive criminal provisions related to abortion. These include the Partial-Birth Abortion Ban Act of 2003, the Freedom of Access to Clinic Entrances Act of 1994, and the Comstock Act of 1873. These laws cover activities affecting interstate or foreign commerce and the use of the mail or postal system. Violations of the Comstock Act, in particular, are considered predicate offenses under the Racketeer Influenced and Corrupt Organizations Act (RICO).

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