After the decision of the Supreme Court to annul the case Roe v. Wade, abortion rights were left in the hands of state legislatures. So many questions arise, for example, which states will guarantee access to termination of pregnancy and which will not.
A study by the Guttmacher Institute leading up to the Supreme Court decision listed 23 states that have laws in place limiting abortion, including 13 with bans designed to take effect almost immediately after it was a probability at the time. and that they would practically eliminate abortion altogether.
Secondly, there are 16 states that protect access to termination of pregnancy, either by protecting the right to abortion to some extent or (only four states and the city of Washington) by guaranteeing access at any stage of pregnancy.
The following are the states with laws in place that would protect the right to abortion after the removal of Roe v. Wade:
California
The right to abortion in California It is guaranteed until the fetus is considered viable and in cases where the procedure is necessary to save the life or health of the pregnant woman, according to the State Health and Safety Code.
Also, Democratic Governor Gavin Newsom signed a law in March that removes some financial barriers to abortion services. Under the law, insurance providers or health insurance plans are prohibited from asking for cost-sharing payments, such as deductibles, coinsurance, or copayments for abortions or related care.
Colorado
Jared Polis, the state’s Democratic governor, signed legislation in April that protects a pregnant woman’s right to “have an abortion and make decisions about how to exercise that right.”
The mandate prohibits public institutions from depriving people of this guarantee, which does not define a moment or a stage of pregnancy, after which abortions can no longer be performed. It states that “a fertilized egg, embryo, or fetus has no independent or derivative rights” under state law.
Connecticut
in this entity the law protects the right to receive the abortion procedure until the fetus is viable. After that point, termination of pregnancy is only allowed to save the life or health of the patient.
Minors under the age of 16 must receive guidance before consenting to an abortion, except in the case of a medical emergency.
The legislation also allows people who have been “judged” for receiving or assisting in an abortion to obtain legal damages.
Delaware
Service providers may perform termination of pregnancy until the fetus is viable. After that point, abortions will only be allowed if the procedure is essential to protect the life or health of the pregnant woman. Or if a doctor detects an abnormality “for which there is no reasonable probability that the fetus will survive outside the womb without extraordinary medical measures,” according to the Delaware State Code.
Hawaii
Here the abortion is legal before the embryo is considered viable. State law also determines that it cannot “deny or interfere with a woman’s right to choose or obtain an abortion of a non-viable fetus” or a termination of pregnancy that would protect the life or health of the patient.
Illinois
In 2019, legislation was passed establishing the fundamental right to reproductive health, including abortion. The regulation legalized the voluntary interruption of pregnancy until the moment in which the fetus is considered viable.
After that, abortion will only be legally permitted when “the abortion is necessary to protect the life or health of the patient.” Under the ordinance, a fertilized egg, embryo, or fetus has no protected individual rights.
Likewise, It requires that health insurance plans not only offer pregnancy-related coverage, but also abortion coverage.
Maine
The interruption of pregnancy is legal in this entity until the fetus is considered viable, despite the fact that there are additional limitations for minors. An abortion will be permitted after the viability of the fetus is allowed if the life or health of the pregnant person is at risk.
Nevertheless, an abortion results in the birth of a live child, the law requires that efforts be made to save her life. Violating this rule “will subject the responsible party(ies) to Maine law governing murder, manslaughter, and wrongful death and medical malpractice liability,” according to Maine Health and Welfare statutes.
Maryland
Abortions in this state must be performed by licensed physicians and are legally guaranteed until the embryo is deemed viable. At the end of this period, the interruption of pregnancy is allowed if it protects the life or health of the mother, or in the event that the fetus suffers “a genetic defect or a deformity or serious anomaly”, according to the Health Code of the state.
In April, the Democrats, who control the Maryland General Assembly, He overrode a veto by Republican Gov. Larry Hogan and passed a bill that would expand the types of health professionals who can perform the procedures.
A program will also be established to train and diversify abortion service providers. This measure will come into force on July 1.
Massachusetts
This state changed its state law in 2020 to allow abortion up to the 24th week. Pregnancy termination can be done by a physician, physician assistant, registered nurse, or nurse midwife.
If the gestation reaches 24 weeks or more, the legislation will only allow abortions to save life or to protect mental or physical health. Besides, there are other exceptions such as a “fetal anomaly or the fetus is incompatible with sustained life outside the womb,” says the law.
Snowfall
In 1990, Voters in a general election referendum passed legislation allowing a doctor to perform an abortion up to 24 weeks of pregnancy. As hereby approved, it cannot be changed through legislative amendment or appeal, per state Revised Statutes.
New Jersey
The right to abortion is guaranteed at all stages of pregnancy in this entity. A law enacted in January criminalizes the right to reproductive choice, including abortion.
New York
Legislation was passed here in 2019 to protect access to abortion should Roe vs. Wade. According to the regulations, it can be done legally until week 24 for any reason.
Similarly, the ordinance removed termination of pregnancy from the New York penal code, protecting medical providers from facing criminal prosecution.
Oregon
In the year 2017, the legislators of this entity approved a law that decrees that a public body does not have the power to deprive anyone of the option to have an abortion or interfere with a medical professional who provides the service. The legislation does not define a time or period of time after which the procedure cannot be performed.
Rhode Island
This state codified abortion protections in the state when its governor enacted a law in 2019 that prohibits restricting the right before the fetus is considered viable. The measure does not allow the termination of pregnancy after the viability of the fetus, except when the woman’s health is at risk.
Vermont
In 2019, it approved a law that validates “the fundamental right of every person who becomes pregnant” to have an abortion. In addition, it prohibited government institutions from infringing on that right. The legislation does not limit abortions at any stage of pregnancy.
Washington
Voters in the 1991 Washington general election approved a measure that determines the right to an abortion before the fetus is considered viable. The law also included exceptions in cases where the procedure would safeguard the life or health of the pregnant woman.
In March, State law changed the language of the ordinance to make sure people are guaranteed access to reproductive rights, which includes abortion, regardless of their gender identity, allowing it to apply to transgender and non-binary people.
washington city
City charter prohibits the District from denying or interfering with a pregnant person’s right to an abortion. Nor will it provide a limit to protection beyond a certain stage of gestation.
Also read:
Leave a Reply