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.