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Abortion in Australia is legal nationwide. There are no federal abortion laws, and it has been fully decriminalised in all jurisdictions, starting with Western Australia in 1998 and lastly in South Australia in 2022. Access to abortion varies between the states and territories: surgical abortions are readily available on request within the first 20 to 24 weeks of pregnancy in most jurisdictions, and up to 16 weeks in Tasmania. Later term abortions in most states and territories can be obtained with the approval of two doctors. The exceptions are Western Australia, where abortion is heavily restricted after 20 weeks, and the Australian Capital Territory, where there is no limit on gestational term for approval by a single doctor.
This is a timeline of reproductive rights legislation, a chronological list of laws and legal decisions affecting human reproductive rights. Reproductive rights are a sub-set of human rights pertaining to issues of reproduction and reproductive health. These rights may include some or all of the following: the right to legal or safe abortion, the right to birth control, the right to access quality reproductive healthcare, and the right to education and access in order to make reproductive choices free from coercion, discrimination, and violence. Reproductive rights may also include the right to receive education about contraception and sexually transmitted infections, and freedom from coerced sterilization, abortion, and contraception, and protection from practices such as female genital mutilation (FGM).
Abortion in India has been legal under various circumstances with the introduction of the Medical Termination of Pregnancy (MTP) Act, 1971. The Medical Termination of Pregnancy Regulations, 2003 were issued under the Act to enable women to access safe and legal abortion services.
Women on Web (WoW) is a Canadian non-profit organization that aims to increase access to safe abortion known for its online abortion service accessible in multiple countries. The organization was founded by Dr. Rebecca Gomperts, a Dutch physician, in 2005.
The legality of abortion in the United States and the various restrictions imposed on the procedure vary significantly depending on the laws of each state or other jurisdiction. Some states prohibit abortion at all stages of pregnancy with few exceptions, others permit it up to a certain point in a woman's pregnancy, while others allow abortion throughout a woman's pregnancy. In states where abortion is legal, several classes of restrictions on the procedure may exist, such as parental consent or notification laws, requirements that patients be shown an ultrasound before obtaining an abortion, mandatory waiting periods, and counselling requirements.
Abortion is the termination of human pregnancy, often performed in the first 28 weeks of pregnancy. In 1973, the United States Supreme Court in Roe v. Wade recognized a constitutional right to obtain an abortion without excessive government restriction, and in 1992 the Court in Planned Parenthood v. Casey invalidated restrictions that create an undue burden on people seeking abortions. Since then, there has continued to be an abortion debate in the United States, and some states have passed laws in the form of regulation of abortions but which have the purpose or effect of restricting its provision. The proponents of such laws argue they do not create an undue burden. Some state laws that impact the availability of abortions have been upheld by courts. In 2022, Roe and Casey were overturned by the Supreme Court in Dobbs v. Jackson Women's Health Organization, meaning that states may now regulate abortion in ways that were not previously permitted.
A medical abortion, also known as medication abortion, occurs when drugs (medication) are used to bring about an abortion. Medical abortions are an alternative to surgical abortions such as vacuum aspiration or dilation and curettage. Medical abortions are more common than surgical abortions in most places, including Europe, India, China, and the United States.
Carafem is an American nonprofit organization that provides women’s reproductive health services with centers in Maryland, Atlanta Georgia, Chicago Illinois, and Nashville TN metro areas as well as virtual care in select states. The organization seeks to normalize, "de-medicalize" and remove the social stigma from the provision of birth control and early abortions in the midst of an ongoing polarized and politicized debate on abortion in the United States. The organization intentionally uses certain language such as “health center” instead of “clinic”, and openly uses the word “abortion” in its advertising.
Abortion in Texas is illegal in most cases. A trigger law has been in effect since August 25, 2022, which bans abortion in all cases except to save the life of the mother.
Aid Access is a nonprofit organization that provides access to medication abortion by mail to the United States and worldwide. It describes its work as a harm reduction strategy designed to provide safe access to mifepristone and misoprostol for those able to become pregnant in the United States who may not otherwise have access to abortion or miscarriage management services. People are able to manage their own abortion with remote access to a physician and a help-desk for any questions. The website is available in English, Spanish, and Dutch.
Abortion in Hawaii is legal. 66% of adults in Hawaii said in a poll by the Pew Research Center that abortion should be legal in all or most cases. Hawaii began allowing elective abortion care de jure in 1970, the first state to do so. State law enacted at that time stated said, "the State shall not deny or interfere with a female's right to choose or obtain an abortion of a nonviable fetus or an abortion that is necessary to protect the life or health of the female."
Abortion in Massachusetts is legal up to at least the 24th week of pregnancy, with exceptions allowing later termination of pregnancies in some circumstances. Modern Massachusetts is considered one of the most pro-choice states in the country: a PEW research poll finding that 74% of residents supported the right to an abortion in all or most cases, a higher percentage than any other state. Marches supporting abortion rights took place as part of the #StoptheBans movement in May 2019.
Abortion is legal in New York at all stages of pregnancy, although abortions after the point of viability require a physician's approval. Abortion was legalized up to the 24th week of pregnancy in New York (NY) in 1970, three years before it was decriminalized for the entire United States with the Supreme Court's decision in Roe v. Wade in 1973. Roe v. Wade was later overturned in 2022 by the Supreme Court in Dobbs v. Jackson Women's Health Organization. The Reproductive Health Act, passed in 2019 in New York, further allows abortions past the 24th week of pregnancy if a woman's life or health is at risk or if the fetus is not viable. However, since these exceptions are not defined by the law, and the law carries no criminal penalties, abortion is effectively legal throughout pregnancy.
Abortion in South Dakota is illegal. Anyone who induces an abortion is guilty of a Class 6 felony. An exception is included to "preserve the life of the pregnant female," given appropriate and reasonable medical judgment.
Elective abortions in Wisconsin became illegal after the overturning of Roe v. Wade by the Supreme Court of the United States on June 24, 2022. An 1849 law bans the procedure in all cases except when the life of the mother is in danger. The enforceability of the law is disputed and being considered by the state courts.
Abortion in California is legal up to the point of fetal viability. An abortion ban was in place by 1900, and by 1950, it was a criminal offense for a woman to have an abortion. In 1962, the American Law Institute published their model penal code as it applied to abortions, with three circumstances where they believed a physician could justifiably perform an abortion, and California adopted a version of this code. In 2002, California passed a law guaranteeing women the right to have an abortion "prior to viability of the fetus, or when the abortion is necessary to protect the life or health of the woman." In 2022, California voters overwhelmingly approved Proposition 1, which amended the Constitution of California to explicitly protect the right to abortion and contraception by a margin of 33.76%.
Abortion in Maryland is legal up to the point of fetal viability and later when necessary to preserve the life or health of the pregnant woman. The first laws regulating abortion in the state were passed in 1867 and 1868, banning abortion except by a physician to "secure the safety of the mother." Abortion providers continued to operate both within and outside of the law. Legal enforcement became more strict from the 1940s through 60s, with numerous police raids on abortion providers. In 1968, Maryland passed a liberalized abortion law that clarified the wording of the previous law, allowing abortion in hospital settings in cases of rape, severe fetal deformity, or when life and health were endangered.
Abortion in Puerto Rico is legal throughout pregnancy. On June 22, 2022, the Senate passed a bill limiting abortion to 22 weeks, with exceptions for danger to the mother's life, fetal defects, and if the fetus would not be viable. The bill will need to be considered by the House.
Abortion in Wyoming is currently legal due to a temporary court injunction.
Abortion in Malaysia is regulated under Sections 312–316 of the Penal Code. Access to abortion in Malaysia has been hampered by religious, cultural, and social stigmas against abortion, poor awareness of abortion legislation among health professionals, and the high cost of abortion services in the private health sector. As a result, illegal and risky unsafe abortions are prevalent in Malaysia, including self-induced abortions.
References
- 1 2 Rubinstein, Donald (1992). "Culture in court : notes and reflections on abortion in Guam". Journal de la Société des Océanistes. 94 (1): 35–44. doi:10.3406/jso.1992.2605.
- 1 2 3 4 5 6 7 8 9 10 11 "No abortion providers on Guam". Pacific Daily News. Retrieved 2019-05-29.
- ↑ Post, Lannie Walker | The Guam Daily. "Inquiry into Guam abortion doctor continues". The Guam Daily Post. Retrieved 2020-05-11.
- 1 2 Arndorfer, Elizabeth; Michael, Jodi; Moskowitz, Laura; Grant, Juli A.; Siebel, Liza (December 1998). A State-By-State Review of Abortion and Reproductive Rights. DIANE Publishing. ISBN 9780788174810.
- ↑ Lewin, Tamar (1990-03-21). "Guam's Abortion Law Tested By A.C.L.U. Lawyer's Speech". The New York Times. ISSN 0362-4331 . Retrieved 2020-05-11.
- ↑ Lewis, Neil A.; Times, Special To the New York (1990-08-24). "Judge in Guam Rejects Strict Law on Abortion". The New York Times. ISSN 0362-4331 . Retrieved 2020-05-11.
- ↑ "Guam Legal Code" (PDF).
- ↑ Center, Pacific News (2014-03-31). "DPHSS: Enforcement of "The Women's Reproductive Health Information Act " Will Begin June 2". PNC News First. Retrieved 2020-05-11.
- ↑ Chen, David (June 26, 2023). "In Isolated Guam, Abortion Is Legal. And Nearly Impossible to Get". The New York Times. Retrieved June 26, 2023.
- ↑ https://www.plannedparenthood.org/learn/abortion/the-abortion-pill
- ↑ "Federal Appeals Court Further Limits Abortion Access on Guam". August 02, 2023.
{{cite news}}: Check date values in:|date=(help) - 1 2 "Guam 2018 Statistical Yearbook | Statistics for Development Division". sdd.spc.int. Retrieved 2020-05-09.