Legal Definitions - late-term abortion

A "late-term abortion" refers to the medical procedure to terminate a pregnancy during its later stages. While there isn't a universally agreed-upon medical or legal definition for "late-term," it generally refers to abortions performed after the point of fetal viability (the stage at which a fetus can potentially survive outside the womb, typically around 24 weeks of gestation) or during the third trimester of pregnancy. Laws and regulations regarding late-term abortions vary significantly by jurisdiction, often reflecting differing views on fetal viability, maternal health, and ethical considerations.

• Example 1: Medical Necessity Due to Fetal Anomaly

  A couple receives a devastating diagnosis at 28 weeks of gestation that their fetus has a severe, untreatable condition incompatible with life, which would cause immense suffering and likely lead to death shortly after birth. After extensive consultation with medical professionals, they make the difficult decision to pursue a termination of the pregnancy.

  This illustrates a late-term abortion because the procedure is performed well past the typical point of fetal viability and into the third trimester, driven by a tragic medical diagnosis that necessitates ending the pregnancy for compassionate reasons.

• Example 2: Legislative Debate on Gestational Limits

  A state legislature is debating a bill that would prohibit abortions after 22 weeks of gestation, except in cases where the mother's life is at immediate risk. Opponents of the bill argue that this restriction would unduly burden women who discover serious fetal abnormalities later in pregnancy or face unforeseen health complications that emerge in the late second or early third trimester.

  This example demonstrates how "late-term abortion" becomes a central concept in legal and policy discussions, with different parties debating the appropriate gestational limits and exceptions for such procedures. The 22-week cutoff, being past typical viability, places these procedures squarely in the "late-term" category for legislative purposes.

• Example 3: Access Challenges for Maternal Health Complications

  A woman living in a state with very few specialized medical facilities discovers at 26 weeks that she has developed a severe, life-threatening heart condition significantly exacerbated by her pregnancy. Her doctors advise that continuing the pregnancy poses an immediate and grave danger to her life. She must travel to another state to find a hospital equipped and willing to perform the necessary procedure to terminate the pregnancy at this advanced stage.

  This scenario highlights the practical challenges and limited availability of services for late-term abortions, often due to the complexity of the procedure and the decreasing number of providers willing or able to offer them, especially when performed beyond the point of fetal viability for critical maternal health reasons.