Federal law makes abortion a legal medical procedure in the United States, but each state is allowed to regulate abortion services in its own way. This makes for a complicated and varied set of laws that gives women in the United States different access to abortions depending on where they live. If you're looking for abortion services, you'll need to consult a reproductive health clinic in your state to determine the laws and eligibility requirements.
Parental Consent
Thirty-four states require a minor to get permission for one or both parents before she can have an abortion, according to a 2010 report by the Guttmacher Institute. Some states honor a process called judicial bypass, which allows a women to petition a judge rather than her parents for permission to terminate her pregnancy. Judicial bypass is meant to protect teens who have abusive parents and who could face injury, homelessness and other repercussions. In four states, parents have to be notified before the procedure, but do not have to give permission.
Gestatinoal Limits
Most states have limits that determine how late in the pregnancy a woman can receive abortion services. The Guttmacher Institute reports that 38 states set gestational limits on abortion. Most of these states cut off abortion access at viability, a time period where it's determined the baby could survive outside the womb. This time varies by state but hovers at around 24 to 28 weeks. Some states, including North Dakota and Wisconsin, limit abortions after 12 weeks. Each state is allowed to make its own determination.
Wating Periods Aand Counseling
Some states, in an effort to deter women from receiving abortion services, institute mandatory waiting periods and counseling sessions before a woman can legally receive abortion services. Up to 17 states require women hear information about fetal health and development and eight states encourage women to see ultrasound pictures of the fetus before undergoing the procedure. Twenty four states require women to wait at least 24 hours between her initial counseling session and her procedure, or make women attend multiple appointments before abortion services are legally administered.
Insurance And Public Funds
Most states do not allow use of public funds for abortions. Thirty-two states have laws which ban state funds, including Medicare, from paying for abortions. In 46 states, insurance companies have the right to deny coverage for abortions. In four states, the law prohibits private insurance companies for paying for abortions at all unless the woman's life is in danger. Critics of these policies point out that poor women may not have access to funds for abortions, which makes equal access to reproductive health a class issue. Supporters of insurance and public finds restrictions cite that their moral obligation should be honored via their tax contributions.
