Are Abortions Legal?

Updated: Nov 14, 2016

While abortion might be legal in some regard, there are still laws that have to be followed to make sure you are within the scope of the law. Depending on where you live, the laws might be a little stricter than others. Make sure you know what you are doing before landing yourself in more trouble than you can handle.

Are Abortions Legal?

At some point in time or another, almost everyone has heard about the case of Roe v. Wade. This high-profile case was one of the main subjects in the media for quite some time. In fact, it is still widely talked about today. Women have been getting abortions for quite some time, yet that doesn't stop others from saying their piece about an abortion and arguing that abortions aren't legal. Even though everyone has a right to their own opinion, abortion is very much legal in the United States. To help you better understand more about legalized abortion and what the laws are today, check out the information below.

Legalized Abortion vs. Criminal Punishment

While abortion might be legal, individual states have the option of creating and using what are referred to as trigger laws. These laws would make abortion illegal within the first or second trimesters. There are six states that have trigger laws in place and three others that have laws that intend to criminalize abortion. The landmark case of Roe v. Wade back in 1973 made abortion legal, but the states have the right to restrict the process to varying degrees.

Many of the states have passed laws that restrict an individual from having a late-term abortion, while others require that the parents be notified in the event of a minor requesting to have the procedure done. Depending on the state, minors might also need to have either one or both parents consent before having an abortion. Patients also have to be informed of the risks to them for having an abortion before the procedure takes place. Because of this, you need to make sure you know what the laws are in your specific state before attempting to go out and have this procedure done and landing yourself in a lot of trouble.


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Partial-Birth Abortion Ban Act

While the Partial-Birth Abortion Ban Act went into effect in 2003, there were still complications with getting it all the way through and putting it into place. This act stated that any doctor who performed an abortion could spend two years in prison and be the subject of a number of civil lawsuits. However, the woman having the procedure done wouldn't be prosecuted. The only exception to the rule was if the woman's life was in danger and there was no other option than to have an abortion. Even though President George W. Bush signed the bill, a federal judge blocked it within hours.

State Initiatives in Relation to Abortion

Different states have different laws, so abortion proceedings are going to vary widely from one state to the next. People in Kansas believe that life begins from the very moment the egg was fertilized. They don't allow people to come in and have an abortion simply because the baby is a different sex than what they wanted. All life is to be treated the same and should be valued and cared for. In fact, they don't even allow Planned Parenthood to come in and teach sex education in their school system. Pregnancy and childbirth are highly regarded in this state.

Louisiana has a law in place banning the majority of abortions. The only exception to the rule is if the life of the mother is in danger or there is a chance that she is going to end up with long-term health repercussions because of going through the pregnancy and giving birth. In the event this bill was to go into effect, the state would be able to prosecute anyone who had any part in providing the abortion for the woman. The penalties include as much as 10 years in prison or a fine of as much as $100,000.

Anyone performing an abortion in Oklahoma could end up spending three years in prison for taking part in the act. This caused many providers to refrain from wanting to be a part of the procedure for fear of ending up spending time in prison.

While abortion might be legal in some regard, there are still laws that have to be followed to make sure you are within the scope of the law. Depending on where you live, the laws might be a little stricter than others. Make sure you know what you are doing before landing yourself in more trouble than you can handle.

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