Legal Definitions - partial-birth abortion

Partial-birth abortion refers to a specific medical procedure, largely prohibited in the United States, where a fetus is intentionally and substantially delivered from the mother's body before an act is performed to terminate its life. This typically involves delivering a significant portion of the fetus—such as the entire head in a head-first presentation, or the trunk past the navel in a breech presentation—outside the mother's body before the abortion is completed. Federal law includes a narrow exception for procedures necessary to save the mother's life.

• Example 1: Dr. Anya performs an abortion procedure on a patient in her late second trimester. During the procedure, the fetus, which is in a breech (feet-first) position, is delivered vaginally until its torso is outside the mother's body, past the navel. At this point, Dr. Anya performs an act to terminate the fetus's life.

  Explanation: This scenario directly illustrates a "partial-birth abortion" because a substantial part of the living fetus (the trunk past the navel) was delivered outside the mother's body before the abortion was completed, fitting the legal definition of the prohibited procedure.

• Example 2: A prosecutor's office investigates a women's health clinic after receiving an anonymous tip alleging that the clinic performed a procedure on a patient where a fetus was delivered head-first until its entire head was outside the mother's body, and then the abortion was completed. The prosecutor is considering whether to bring charges under a state law that mirrors the federal ban on partial-birth abortions.

  Explanation: This example shows the term in a legal enforcement context. The investigation centers on whether the clinic's actions meet the specific criteria of a "partial-birth abortion" as defined by law, which involves the partial delivery of the fetus before termination.

• Example 3: A medical ethics board is reviewing a case where a physician performed an abortion procedure that involved the partial delivery of a fetus. The physician argues that the procedure, while technically fitting the description of a partial-birth abortion, was absolutely necessary to prevent the imminent death of the mother due to a severe, rapidly progressing medical complication.

  Explanation: This example highlights the narrow "life of the mother" exception often included in laws banning partial-birth abortions. The term still applies to the *type* of procedure performed, but the physician's defense would rely on demonstrating that the procedure fell within the legally permitted exception due to medical necessity.