ABA Family Legal Guide

Health-Care Law

Specific Issues in Health Care

Abortion

Are there any limits on the right to an abortion?

The Court has put some limits on the right to an abortion. There is no absolute right to have an abortion at any time, in any place. A state can pass laws regulating abortion as long as certain boundaries are not crossed. The state cannot completely override a woman's right to terminate a pregnancy, but the state does have an interest in protecting the health of pregnant women and the potentiality of human life. A man's right to prevent an abortion—or to force his partner to have an abortion—is not protected because the pregnancy is not considered part of a man's "bodily integrity."

Until the end of the first trimester, only the pregnant woman and her doctor can decide whether a pregnancy should be terminated.

After the first trimester, the state can pass laws regulating abortion as long as the laws are reasonably related to the pregnant mother's health. Once the fetus becomes viable, meaning that it can live outside the womb, the state can regulate—and even outlaw—abortion unless it is necessary to save the mother's life. There is no definite point, however, when a fetus becomes viable.

The legal standard for abortion is largely the same today as it was in 1973, with one major difference. Today, a court will look at a state law to see if it places an undue burden on a woman's right to have an abortion. If it does not place an undue burden on her access to an abortion, then the law is upheld. Again, after a fetus becomes viable, the state can pass laws making it more difficult for a woman to obtain an abortion.