Leading up to November’s presidential election, political figures have perpetuated false claims about so-called “late-term abortion.” This misleading label is not medically recognized, as it falsely implies that abortions happen after a pregnancy has reached “term.” Some have even falsely claimed that some abortion laws legalize infanticide, or the killing of an infant during birth.
Read on to learn when, why, and how often people may seek abortions later in pregnancy and which states allow them.
What is an abortion later in pregnancy?
Abortions later in pregnancy occur at or after 21 weeks, and they are extremely rare, making up just 1 percent of all abortions in the U.S. Abortions do not occur beyond 37 weeks, or after a pregnancy has reached “term,” which historically refers to the three weeks before and two weeks after a pregnancy’s due date.
Why do anti-abortion advocates refer to “late-term abortion”?
Anti-abortion advocates say “late-term abortion” to shift the conversation about abortion to rare procedures that happen closer to the point when a fetus is most likely to survive outside of the uterus. This allows abortion opponents to falsely equate abortion with infanticide.
Some also use non-medical terms like “nine-month abortion,” “post-birth abortion,” and “abortion up until the moment of birth” to falsely claim that abortion laws allow doctors to kill infants just before or after birth, which has never been legal in any state.
Why do people have abortions later in pregnancy?
Research shows that abortions later in pregnancy typically occur when there are certain fetal anomalies present that would jeopardize the health or life of the fetus if it is carried to term, when pregnancy endangers the pregnant person’s health or life, when the pregnant person did not know they were pregnant until later in pregnancy, or when the pregnant person has faced significant barriers to abortion.
Those barriers may include legal restrictions that prevent people from accessing abortion in their state, transportation difficulties, and a lack of insurance coverage or other financial barriers.
How late in pregnancy can someone get an abortion?
How late in pregnancy people can get abortions depends on their state’s laws and the health care provider they see.
Abortion pills, taken for medication abortions, are most effective up to 11 weeks after the first day of a pregnant person’s last period. If a person needs an abortion later than that, some states allow in-clinic abortions until 24 weeks of pregnancy or later, in some rare cases, for medical reasons.
Which states allow abortions later in pregnancy?
After Roe v. Wade was overturned in 2022, many states banned abortion or heavily restricted it by putting gestational limits in place based on the length of the pregnancy. Some states have exceptions to gestational limits in cases of rape or incest, when certain fetal anomalies are present, or when pregnancy endangers the pregnant person’s health or life.
As court cases challenge states’ abortion laws, restrictions change constantly. Stay up to date on abortion laws in your state with this fact sheet and find out if abortion will be on the ballot in your state during the coming election.
How can I access abortion in my state?
If you have questions about abortion laws in your state, visit the Repro Legal Helpline or call 844-868-2812. You can find an abortion clinic near you at AbortionFinder.org.
In states where it is legal, a health care provider can prescribe medications for an abortion. You may be able to see a telehealth provider and have abortion pills mailed to your home, or you may need to visit a health clinic in person. Learn more from Plan C or Mayday Health.
The National Network of Abortion Funds lists organizations that help people pay for an abortion and associated costs.
This article is meant for educational and informational purposes only and does not substitute for professional medical or legal advice.