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Abortion

What is the current abortion law in the USA? Is it legal in all 50 states?

Abortion laws vary widely among countries and territories, and have changed over time. Such laws range from abortion pills being freely available on request, to regulation or restrictions of various kinds, to outright prohibition in all circumstances. Many countries and territories that allow abortion have gestational limits for the procedure depending on the reason; with the majority being up to 12 weeks for abortion on request, up to 24 weeks for rape, incest, or socioeconomic reasons, and more for fetal impairment or risk to the woman’s health or life. As of 2022, countries that legally allow abortion clinics on request or for socioeconomic reasons comprise about 60% of the world’s population.

What is the current abortion law in the USA?

Abortion in the United States is legal, subject to balancing tests tying state regulation of abortion to the three trimesters of pregnancy, via the landmark 1973 case of Roe v. Wade, the first abortion case to be taken to the Supreme Court. Every state has at least one abortion clinic. However, individual states can regulate and limit the use of abortion or create “trigger laws”, which would make abortion illegal within the first and second trimesters if Roe were overturned by the Supreme Court of the United States.

Eight states—Alabama, Arizona, Arkansas, Michigan, Mississippi, Oklahoma, West Virginia and Wisconsin—still have unenforced pre-Roe abortion bans in their laws, which could be enforced if Roe were overturned. In accordance with the US Supreme Court case of Planned Parenthood v. Casey (1992), states cannot place legal restrictions posing an undue burden for “the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion of a nonviable fetus.”

Is abortion legal in all 50 states?

Abortion is legal in all U.S. states, and every state has at least one abortion clinic. Abortion is a controversial political issue, and regular attempts to restrict it occur in most states. Two such cases, originating in Texas and Louisiana, led to the Supreme Court cases of Whole Woman’s Health v. Hellerstedt (2016) and June Medical Services, LLC v. Russo (2020) in which several Texas and Louisiana restrictions were struck down.

The issue of minors and abortion is regulated at the state level, and 37 states require some parental involvement, either in the form of parental consent or in the form of parental notification. In certain situations, the parental restrictions can be overridden by a court. Mandatory waiting periods, mandatory ultrasounds and scripted counseling are common abortion regulations. Abortion laws are generally stricter in conservative Southern states than they are in other parts of the country.

In 2019, New York passed the Reproductive Health Act (RHA), which repealed a pre-Roe provision that banned third-trimester abortions except in cases where the continuation of the pregnancy endangered a pregnant woman’s life. Abortion in the Northern Mariana Islands, a United States Commonwealth territory, is illegal.

Alabama House Republicans passed a law on April 30, 2019, that will criminalize most abortion if it goes into effect. Dubbed the “Human Life Protection Act”, it offers only two exceptions: serious health risk to the mother or a lethal fetal anomaly. Amendments that would have added cases of rape or incest to the list of exceptions were rejected It will also make the procedure a Class A felony. Twenty-five male Alabama senators voted to pass the law on May 13. The next day, Alabama governor Kay Ivey signed the bill into law, primarily as a symbolic gesture in hopes of challenging Roe v. Wade in the Supreme Court.

What laws legalized abortion?

In 1973, the Supreme Court made abortion legal in every state with its decision in Roe v. Wade.

Roe v. Wade, 410 U.S. 113 (1973),was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States protects a pregnant woman’s liberty to choose to have an abortion without excessive government restriction. The decision declared unconstitutional many U.S. federal and state abortion laws. Roe fueled an ongoing abortion debate in the United States about whether, or to what extent, abortion should be legal, who should decide the legality of abortion, and what the role of moral and religious views in the political sphere should be. It also shaped debate concerning which methods the Supreme Court should use in constitutional adjudication.

How late can you have an abortion in California?

Abortion is legal in California, both for teens and adults. You have the right to get an abortion for any reason until approximately 6 months after you become pregnant. After that, if the pregnancy puts your health or life at risk you can still get an abortion.

If you are under the age of 18 and need help talking with your parents or seeking judicial bypass.  In-clinic abortion (also known as surgical abortion) is offered up to 16 weeks after the start of your last menstrual period. If you have asthma, bring an inhaler if you have one.

If you plan to have sedation, please do not eat for 8 hours or drink clear liquids for 8 hours before your appointment. If you desire medication to help make your in-clinic abortion more comfortable, you must have a responsible companion with you to help you get home safely.

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