Get "In the Know": Questions About Pregnancy, Contraception and Abortion
Legal Restrictions on Abortion
Does making abortion illegal stop it from occurring?
- No. Abortion rates are much less related to legal status than they are to levels of unintended pregnancy. In many countries in which abortion is illegal but unintended pregnancy is widespread—for example, Chile, Peru, Nigeria and the Philippines—the abortion rate is higher than in the United States. Some of the world’s lowest abortion rates are in Western European countries, where abortion is legal and covered by national health insurance systems, but where levels of unintended pregnancy are very low. (43,44)
What is Roe v. Wade?
- Roe v. Wade is the 1973 U.S. Supreme Court decision that recognized that a woman has a constitutional right to decide whether to continue her pregnancy. The Court also ruled, however, that after fetal viability (that is, the point at which the fetus is able to live outside the woman’s body, with or without artificial aid), states may restrict abortions or ban them entirely, except when necessary to protect the woman’s life or health.
Did abortion rates increase after abortion became legal in the United States?
- Immediately following the Supreme Court decision in 1973, the number of legal abortions increased rapidly for several reasons:
- legal abortions replaced those that would have occurred clandestinely;
- the number of physicians trained and experienced in the procedure increased; and
- a nationwide network of abortion clinics was established, enabling women who would previously have had an illegal abortion, or who would not have had one at all, to do so legally and safely. (45)
- Immediately following the Supreme Court decision in 1973, the number of legal abortions increased rapidly for several reasons:
- legal abortions replaced those that would have occurred clandestinely;
- the number of physicians trained and experienced in the procedure increased; and
- a nationwide network of abortion clinics was established, enabling women who would previously have had an illegal abortion, or who would not have had one at all, to do so legally and safely. (45)
- However, the abortion rate peaked in 1980 and has been declining ever since. (25)
What is Planned Parenthood of Southeastern Pennsylvania v. Casey?
- In 1992, in Planned Parenthood of Southeastern Pennsylvania v. Casey, the Supreme Court upheld what it termed the “essential holding” of Roe v. Wade. However, the ruling significantly weakened the legal protections previously afforded women and physicians by giving states the right to enact restrictions that do not create an “undue burden” for women seeking abortion.
How is abortion legally restricted in the United States?
- States can restrict abortion or prohibit it entirely after viability—except when necessary to protect the woman’s life or health—and the vast majority of states have done so. The most common restrictions on early abortion are parental involvement requirements, state-directed counseling and waiting periods, and limitations on public funding. (46–49)
How many states have parental involvement laws in effect?
- As of November 2006, 34 states require some parental involvement for a minor to obtain an abortion; 21 states require parental consent only; 11 states require parental notification only; two states require both parental consent and notification. (46)
What is wrong with parental notification laws on abortion?
- Most minors obtaining abortions (60%) voluntarily involve their parents. (50) While parental involvement is desirable for most teens, legally mandated involvement in the form of parental consent or notification may not be to a minor’s benefit in all cases. For sexually active adolescents who will not seek care if they have to involve a parent, access to confidential services, which enables them to talk candidly with health professionals, is critically important.
How many women younger than 18 had abortions in 2002?
- About 86,000 women younger than 18 had abortions in 2002. (6)
How many states have mandatory counseling or waiting periods in effect?
- As of November 2006, 32 states require that women receive counseling, which can include receiving specific information detailed by the state, before an abortion may be performed; in addition, six states require two visits to the provider because counseling must be provided in person before the waiting period begins. (47)
This resource was produced with support from the David and Lucille Packard Foundation and the Roth Family Foundation.
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