Legal Considerations
Abortion By: Ursula Hein Slaggert, BSN
Legal Considerations
Abortion is legal in the United
States for women of any age, at all the developmental stages of a
pregnancy. This legal right has been given to the woman alone, in
consultation with her physician. You should be familiar with the
laws on abortion including:
*the 1973 Supreme Court ruling;
*subsequent federal and state
rulings, and
*how these laws and
interpretations affect you and where you can go for help
The Supreme Court ruled in 1973,
in Roe vs. Wade, that abortion laws of the individual states must
meet certain guidelines determined by the developmental stage of
pregnancy.
*1st trimester (months
1 through 3) - - the decision to abort is left entirely to the
woman and her physician. No restrictions apply.
*2nd trimester (months
4 through 6) – the states may only enact regulatory laws
"reasonably related to maternal health." Who performs abortions or
where the operations may be done can be defined, but states may not
enact laws for the protection of the developing fetus.
*3rd trimester (months
7 through 9) – State laws may forbid abortion after viability
(suggested by the Supreme Court to be variously after 24, 28 or 30
weeks), unless one doctor determines an abortion is necessary to
preserve either the life or health of the patient. Physical,
emotion, psychological, and familial factors and the woman’s age
were all deemed relevant to her well-being by the Supreme Court
decision in Doe vs. Bolton, 1973.
This Supreme Court ruling
virtually decreed abortion on demand. The intent was further
clarified on June 8, 1982, when the United States Senate Judiciary
Committee stated "…no significant legal barriers of any kind
whatsoever exist today in the United States for a woman to obtain
an abortion for any reason during any stage of pregnancy." (S.J.
res. 110. pg. 3 & 4)
From the legislative perspective,
change is constant on the abortion issue as adjustments,
additions, and interpretations of the rulings continue. Some state
laws have been upheld by the Supreme court that allow parental
consent or parental notification in certain cases. Others require
informed consent before an abortion can be performed. Informed
consent sometimes requires a waiting period and giving certain
information to the women before an abortion can be performed.
Variations exist from state to state and county to county. Even
some cities have additional requirements or limitations.