Understanding Abortion: Medical Definitions and Current Legal Frameworks
What is Abortion? According to medical and legal terminology, the meaning of abortion is the termination of a pregnancy: a miscarriage or the premature expulsion of a foetus from the womb before the normal period of gestation is complete. In some jurisdictions, it is an offence to induce or attempt to induce an abortion. In the United States, the big picture regarding reproductive health has shifted significantly; the Supreme Court's ruling overturning Roe v. Wade gave states the power to individually regulate abortion — or even ban it completely — before viability, known as the point when a fetus can survive outside the womb.
The Legal Landscape and Gestational Limits
The legality of abortion later in pregnancy has changed dramatically post-Roe. Under Roe, states could regulate abortion after viability, which is generally considered to be between 24 to 28 weeks after a patient’s last menstrual period. Despite Roe, some states implemented bans before the 24-week mark largely based on the "unfounded assertion" that a fetus can feel pain at 22 weeks. States now have a variety of gestational limits on the procedure, as shown in the following data:
| Gestational Limit | States and Regulations |
|---|---|
| Fertilization | 14 states have laws in effect banning nearly all abortions starting at fertilization. |
| Six weeks | South Carolina and Georgia ban abortions when cardiac activity has been detected. |
| 12 weeks | Nebraska and North Carolina. |
| 15 weeks | Arizona and Florida. |
| 18 weeks | Utah is the only state. |
| 22 weeks | Iowa, Kansas, Ohio and Wisconsin. |
| 24 weeks | Four states. |
| Viability | 14 states ban abortions after the fetus is considered viable. |
| Third trimester | Virginia (starts at around 25 weeks). |
| No limit | Six states and Washington, D.C., do not impose any term restrictions. |
Over half of states have restrictions in place only at or after viability, or have no limit at all. Of note: most states with restrictions have exceptions, including to preserve a pregnant person's life or health, though they are often narrowly defined.
Medical Statistics and Timing
When patients typically get abortions is often dictated by medical necessity or access. According to the most recent data from the Centers for Disease Control and Prevention:
- About 93% of reported abortions in 2019 were performed at or before 13 weeks of pregnancy.
- 6% were conducted between 14 and 20 weeks.
- 1% were performed at or after 21 weeks.
People who tend to have abortions later in a pregnancy do so because of "medical concerns such as fetal anomalies or maternal life endangerment, as well as barriers to care that cause delays in obtaining an abortion." In fact, nine states that restricted abortion offer exceptions for fetal anomalies.
Laws vs. Access
Abortion at any stage is still difficult to access for many people. In 2017, it was reported that there are no abortion clinics in around 89% of counties across the U.S. Nationwide, only 54% of Americans said it would be "very" or "somewhat" easy to obtain an abortion, down from 64% in 2019. In addition, several states have requirements for patients and providers that Planned Parenthood calls “unreasonable” and “medically unnecessary.” Providers who perform abortions near a state's gestational limit face additional hurdles; they must be "really good at ultrasound" to determine the exact gestational age of the pregnancy to avoid violating the law.
Current Developments to Watch
The Supreme Court has agreed to review a dispute over the availability of the abortion pill mifepristone. Furthermore, after Ohio voted to protect abortion rights, advocates are trying to get similar measures on the ballot in 2024 in key states like Arizona, Nevada and Florida.