Current legal status nationwide[ edit ] Abortion laws in the U.
Abortion The abortion debate most commonly relates to the "induced abortion" of an embryo or fetus at some point in a pregnancy, which is also how the term is used in a legal sense. In medical parlance, "abortion" can refer to either miscarriage or abortion until the fetus is viable.
After viability, doctors call an abortion a "termination of pregnancy". Rise of anti-abortion legislation[ edit ] Abortion laws in the U. Illegal 30 Legal in case of rape 1 Legal in case of danger to woman's health 2 Legal in case of danger to woman's health, rape or incest, or likely damaged fetus 13 Legal on request 4 [ citation needed ] When the United States first became independent, most states applied English common law to abortion.
This meant it was not permitted after quickeningor the start of fetal movementsusually felt 15—20 weeks after conception. Ina Connecticut law targeted apothecaries who sold "poisons" to women for purposes of inducing an abortion, and New York made post-quickening abortions a felony and pre-quickening abortions a misdemeanor in Some argue that the early American abortion laws were motivated not by ethical concerns about abortion but by concern about the procedure's safety.
However, some legal theorists point out that this theory is inconsistent with the fact that abortion was punishable regardless of whether any harm befell the pregnant woman and the fact that many of the early laws punished not only the doctor or abortionist, but also the woman who hired them.
Physicianswho were the leading advocates of abortion criminalization laws, appear to have been motivated at least in part by advances in medical knowledge. Science had discovered that conception inaugurated a more or less continuous process of development, which would produce a new human being if uninterrupted.
Moreover, quickening was found to be neither more nor less crucial in the process of gestation than any other step. Many physicians concluded that if society considered it unjustifiable to terminate pregnancy after the fetus had quickened, and if quickening was a relatively unimportant step in the gestation process, then it was just as wrong to terminate a pregnancy before quickening as after quickening.
For one, abortion providers tended to be untrained and not members of medical societies. In an age where the leading doctors in the nation were attempting to standardize the medical profession, these "irregulars" were considered a nuisance to public health.
Despite campaigns to end the practice of abortion, abortifacient advertising was highly effective in the United Statesthough less so across the Atlantic.
Before the start of the 19th century, most abortions were sought by unmarried women who had become pregnant out of wedlock. In the post-Civil War eramuch of the blame was placed on the burgeoning women's rights movement. Though the medical profession expressed hostility toward feminism, many feminists of the era were opposed to abortion.
Anthonyan anonymous contributor signing "A" wrote in about the subject, arguing that instead of merely attempting to pass a law against abortion, the root cause must also be addressed.
Simply passing an anti-abortion law would, the writer stated, "be only mowing off the top of the noxious weed, while the root remains. It will burden her conscience in life, it will burden her soul in death; But oh! This movement presaged the modern debate over women's body rights.
Criminalization of abortion accelerated from the late s, through the efforts of concerned legislators, doctors, and the American Medical Association. Later that year, Comstock successfully influenced the United States Congress to pass the Comstock Lawwhich made it illegal to deliver through the U.
It also prohibited producing or publishing information pertaining to the procurement of abortion or the prevention of conception or venereal diseaseeven to medical students. Some states included provisions allowing for abortion in limited circumstances, generally to protect the woman's life or to terminate pregnancies arising from rape or incest.
The American Birth Control League was founded by Margaret Sanger in to promote the founding of birth control clinics and enable women to control their own fertility.
Born in the area of Phoenix, ArizonaSherri had 4 very healthy children. However, during her pregnancy with her 5th child, she had found that the child had many different deformities. Finkbine strongly wanted an abortion, however the abortion laws of Arizona limited her decision.
In Arizona, an abortion could only occur if the mother's life was in danger. She met with a reporter from The Arizona Republic and told her story.
While Sherri Finkbine wanted to be kept anonymous, the reporter disregarded this idea. On August 18,Finkbine traveled to Sweden in order to continue with the abortion, as the laws applied for her in that location.
It was later determined, during the time at which she had the abortion, that the child would have been very much deformed. Sherri Finkbine, unlike many other women was able to afford going overseas to have the abortion.
However, for the women who have pregnancies that are actually unintended, they may not be able to afford traveling, leading them to seek more illegal forms of abortion. Pre-Roe precedents[ edit ] InGerri Santoro of Connecticut died trying to obtain an illegal abortion and her photo became the symbol of the pro-choice movement.
Some women's rights activist groups developed their own skills to provide abortions to women who could not obtain them elsewhere.
As an example, in Chicago, a group known as " Jane " operated a floating abortion clinic throughout much of the s. Women seeking the procedure would call a designated number and be given instructions on how to find "Jane".
Supreme Court case Griswold v. Connecticut struck down one of the remaining contraception Comstock laws in Connecticut and Massachusetts.
However, Griswold only applied to marital relationships.If Roe v Wade is repealed, Dr Ingleson said Louisiana, Mississippi, North Dakota and South Dakota had "trigger laws" which would immediately make abortion illegal. And according to the Centre for Reproductive Rights, 19 other states would also have a high risk of losing abortion rights.
Analysis Interpretation of the news based on evidence, it’s illegal to have an abortion under any circumstance, even if a mother’s life is in danger.
Help us tell the story. Even if it isn’t explicitly illegal in their states, prosecutors have brought charges like feticide or violating laws requiring that an abortion be provided by a physician.
The Guttmacher Institute is a primary source for research and policy analysis on abortion in the United States. In many cases, Guttmacher’s data are more comprehensive than state and federal government sources. In recent years, abortion restrictions on the state level have made abortion harder to access and harder to afford, making it just as inaccessible to many women as it would be if it were outright illegal.
Specifically, abortion is legal in all U.S. states, and every state has at least one abortion clinic.   However, individual states can regulate/limit the use of abortion or create "trigger laws", which would make abortion illegal within the first and second trimesters if Roe . Specifically, abortion is legal in all U.S. states, and every state has at least one abortion clinic.   However, individual states can regulate/limit the use of abortion or create "trigger laws", which would make abortion illegal within the first and second trimesters if Roe were overturned by the US Supreme Court. Analysis Interpretation of the news based on evidence, it’s illegal to have an abortion under any circumstance, even if a mother’s life is in danger. Help us tell the story.
In recent years, abortion restrictions on the state level have made abortion harder to access and harder to afford, making it just as inaccessible to many women as it would be if it were outright.