Abortion Law Database: Global Overview And Insights

Abortion laws vary significantly worldwide, with some countries recognising abortion rights as fundamental human rights, while others enforce total bans. Databases on abortion law are essential tools for understanding the legal status of abortion globally and within specific countries. They provide comprehensive information on various abortion regulations, including advertising restrictions, provider qualifications, reporting requirements, and funding. These databases are maintained by organisations such as the Center for Reproductive Rights, LawAtlas, and the Global Abortion Policies Database, offering insights into the complex landscape of abortion laws and their impact on individuals seeking care.

Abortion Advertising Restrictions

Advertising Policies by Google also reflect these restrictions. For instance, to run ads using queries related to getting an abortion, advertisers need to be certified as either providing abortions or not providing abortions. Google will then automatically generate in-ad disclosures such as "provides abortions" or "does not provide abortions".

In other parts of the world, abortion advertising restrictions vary. For example, in Greece, while abortion has been freely available during the first 12 weeks of pregnancy since 1986, the advertising of abortion services is illegal. In contrast, in Germany, abortion is illegal, but neither doctors nor women are prosecuted if the abortion is performed within 12 weeks of conception and the mother is a victim of rape.

Abortion Provider Qualifications

Abortion laws vary significantly between different countries and states. In the United States, abortion has become one of the most highly regulated medical procedures since the 1973 Roe v. Wade ruling, which upheld a pregnant individual's constitutional right to seek an abortion. The Roe v. Wade ruling was overturned in June 2022, allowing states to ban or severely restrict abortion access.

The majority of states require that a licensed physician be the provider performing an abortion procedure. However, some states allow other advanced practice clinicians to perform abortions. States may also require additional qualifications for abortion providers, including advanced training and experience, hospital admitting privileges, and OB/GYN certification.

The scope of practice for healthcare practitioners is regulated by state legislatures and licensing boards. While state legislation does not typically outline specific medical care that is within or beyond a practitioner's scope of practice, many states have restricted the provision of abortion to physicians. Other states have taken measures to expand the types of clinicians who may lawfully provide abortion care by repealing physician-only laws or expressly authorising physician assistants, certified nurse midwives, nurse practitioners, and other qualified medical professionals to provide abortion care.

Abortion Reporting Requirements

The reporting requirements serve a public health function, with 46 states and the District of Columbia mandating regular and confidential reports from hospitals, facilities, and physicians providing abortions. While states are not obligated to submit abortion data to the federal Centers for Disease Control and Prevention (CDC), most do so voluntarily. To facilitate data collection, state vital statistics agencies have designed standardised forms for abortion providers to report individual-level data. These forms have evolved over time, incorporating questions about medication abortions and shifting towards online reporting.

The specific information required in abortion reports varies across states. For example, eight states require providers to indicate the method of payment, while 16 states mandate some information about the patient's reasons for the procedure. Six states require reporting on fetal viability, and nine states inquire about the provision of state-mandated counselling. Additionally, 14 states require reporting on whether parental involvement requirements were met.

The Abortion Law Project, a collaboration between several organisations, including the Guttmacher Institute and the American Civil Liberties Union (ACLU), offers comprehensive datasets covering 16 types of abortion regulations, including reporting requirements. These datasets provide valuable insights into the complex landscape of abortion laws and aim to strengthen knowledge, transparency, and accountability regarding abortion policies.

Abortion Requirements for Minors

Abortion laws for minors vary across the United States. The majority of states require parental involvement in a minor's decision to have an abortion, with most requiring the consent or notification of one parent, and a handful requiring the involvement of both parents. Some states mandate that the minor and a parent provide government-issued identification to the abortion provider and/or as part of notarising the parental consent form. A few states also require the parent to furnish proof of parenthood.

Several states permit grandparents or other adult relatives to be involved in place of the minor's parents, and many waive parental involvement requirements in cases of medical emergency or if the minor is a victim of abuse or neglect. Additionally, most states that require parental involvement offer a judicial bypass procedure, allowing minors to obtain court approval for an abortion without their parents' knowledge or consent.

Specific state laws vary, with some requiring parental consent, while others mandate parental notification, and some states have no requirement for parental involvement. For example, in Alabama, parental consent from a parent or legal guardian is required, but minors may bypass this by obtaining court approval. In Arkansas, parental consent is also required, but in cases of abuse, assault, incest, or neglect, a minor may obtain an abortion without parental involvement.

The specific requirements and bypass options for minors seeking abortions vary by state, and it is essential to refer to the laws in each state for detailed information.

Pre-abortion Requirements

In contrast, an overwhelming global trend towards the liberalisation of abortion laws has been observed, with more than 60 countries and territories liberalising their abortion laws over the past 30 years. This shift recognises abortion rights as fundamental human rights and has been driven by organisations such as the Center for Reproductive Rights and human rights bodies like the United Nations Human Rights Committee.

The specific pre-abortion requirements for a given country or state will depend on the applicable laws and their interpretation. In general, pre-abortion requirements can include factors such as gestational limits, parental involvement, mandatory counselling or ultrasounds, and waiting periods. For example, in the United States, nearly all bans include exceptions, which typically fall into four categories:

• Preventing the death of the pregnant person
• Risk to the health of the pregnant person
• Pregnancy resulting from rape or incest
• Lethal foetal anomaly

In some countries, such as those with strong religious influences, abortion laws may be based on religious or moral grounds rather than secular law. For instance, interpretations of Muslim law in Tunisia and the United Arab Emirates allow abortion up to 120 days, while other majority-Muslim countries do not permit abortion at all.

The legal status of abortion continues to be a subject of debate and change worldwide, with a complex interplay of political, health, legal, and socio-cultural factors influencing the requirements and restrictions surrounding abortion access.

Frequently asked questions