Local Abortion Regulations: Prohibition, Timeframe, Consultation Requirements
In the wake of the Supreme Court's decision to overturn Roe v. Wade in June 2022, abortion laws across the USA have undergone significant changes. This article provides an overview of the current abortion laws in various states.
Abortion regulations vary greatly from state to state. Some states have imposed strict limitations, while others have maintained more permissive laws.
In Alabama, Arizona, Florida, Indiana, Iowa, Kansas, Mississippi, Ohio, and Texas, clinicians are required to perform an ultrasound and offer the opportunity for the patient to view the image. Alabama, Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Missouri, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, West Virginia, and Wisconsin have banned abortion for people of all ages with very limited exceptions.
Arizona, Indiana, Kansas, Massachusetts, Michigan, Nebraska, North Carolina, Ohio, Oregon, Pennsylvania, South Carolina, and Rhode Island require the consent of one or two parents or legal guardians for minors seeking abortion services. Colorado, Delaware, Georgia, Iowa, Maryland, Montana, and New Hampshire require the notification of one or two parents or legal guardians.
Many states, such as Alaska, Colorado, New Jersey, New Mexico, Oregon, Vermont, and Washington, D.C., do not have bans or limits on abortion based on how far along the pregnancy is, and they also do not have mandated counseling, waiting periods, or ultrasounds.
In-person counseling is often required before an abortion, and there may be a waiting period afterward. The length of the waiting period varies; for example, Arizona, Florida, Georgia, Iowa, Kansas, Michigan, Nebraska, Ohio, Pennsylvania, South Carolina, and Wisconsin require at least 24 hours, while Indiana requires at least 18 hours, and North Carolina requires at least 72 hours.
Some states, such as California, Connecticut, Hawaii, Illinois, Minnesota, New York, Washington, and Wyoming, allow abortion until fetal viability, which occurs when a fetus has developed enough to live outside the uterus without medical support, typically between 24 and 26 weeks of pregnancy. Maine, Michigan, and Montana allow abortion until fetal viability, unless life or physical health is at risk.
The following states only allow abortion until 15 weeks, 6 days of pregnancy: Arizona and Florida. The following state only allows abortion until 18 weeks, 0 days of pregnancy: Utah. The following states only allow abortion until 21 weeks, 6 days of pregnancy: Indiana, Iowa, Kansas, Ohio, South Carolina, and several other states with certain exceptions. The following state only allows abortion until 23 weeks, 6 days of pregnancy with exceptions for life or physical health being at risk or the fetus having a lethal anomaly: Pennsylvania and New Hampshire. The following state only allows abortion until 25 weeks, 6 days of pregnancy with exceptions for life, physical health, or mental health being at risk: Nevada. The following state only allows abortion until 26 weeks, 6 days of pregnancy with exceptions for life, physical health, or mental health being at risk: Virginia.
It's important to note that the information presented in this article was accurate and up to date at the time of publication. However, due to the rapidly changing nature of abortion laws, it's possible that some information may have changed since.
For those seeking abortion services, various organizations offer support and resources, including Abortion Finder, All-Options, Exhale, National Abortion Federation, National Network of Abortion Funds, Plan C, Planned Parenthood, and others. The Repro Legal Helpline can be contacted via a secure online form or at 844-868-2812 for information about legal rights regarding abortion.
In states where abortion is legal, it's crucial to understand the specific laws and regulations that apply. Abortion seekers should consult with their healthcare provider and legal counsel to ensure they are fully informed and can make the best decisions for their individual circumstances.
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