Abortion Laws by State

The Supreme Court of the United States legalized abortion in 1973. The Supreme Court came to this decision after hearing the case of Roe v. Wade. In fact, each state in the United States of America has at least one clinic for an abortion. However, each state has a jurisdiction to regulate abortion cases. The states are also capable of criminalizing the act in case the Supreme Court overturns its ruling on the Roe case. So far three states already have laws which would criminalize abortion. The states do have an uphill task to define clearly under which circumstances an expectant woman can have an abortion. In this article, we shall look at the significant provisions of different state laws for an abortion to take place. These rules are in effect despite the fact that the authorities rarely enforce them.

Abortion Laws in Different States

A total of 41 states require only a licensed physician to perform an abortion. In other 19 states, abortion can only be performed after a certain duration of the pregnancy in a hospital. Other 19 states require that a second physician should be involved after some period. In 43 states, it is completely illegal to have an abortion unless the life of the expectant lady is in danger and the only way to protect it is through abortion. 20 states in the USA have legislation that criminalizes “partial-birth” abortion. However, 3 of these legislations apply to abortions that have post-viability. 13 states have passed a legislation whereby the state funds any abortion that is medically necessary. However, 32 states refuse to fund any abortion unless there is an availability of federal funds. The two circumstances where the federal funds are used for abortion is when the pregnancy is as a result of rape, or the life of the expectant woman is in danger. In other states, the federal funds are limited to only when the life of the woman is in danger. Private insurance plans towards abortion are limited in 11 states. Such insurance cover is only available when the pregnant woman’s life is in danger. Most states, however, allow additional insurance coverage for abortion with some added costs on it. Individual health care facilities have been authorized by 45 states to refuse to involve themselves in abortion. On the other hand, 16 states limit this prohibition to only religious and private institutions.

Abortion Counseling

8 states have legislated that women are counseled before they undertake abortion. Issues such as the link between abortion and breast cancer, the pain that the fetus feels, and general health consequences are factored in in the counseling. Around 27 states require that a woman who has undergone counseling should be given at least 24 hours to make her decision. Laws in fourteen of the 27 states need the woman to make two visits to the hospital to get the procedure. At least 37 states require that parents of minors who want to get an abortion be involved in the decision making. 11 states need at least one of the parents should be notified about the procedure of the abortion.