This document provides an overview of state laws (as of February 8, 2019) as they relate to late-term abortion, born-alive protections, and public funding of abortion.
Some states adhere to the Roe standard of viability, which is defined by the Supreme Court in Roe as “the capacity for meaningful life outside the womb, albeit with artificial aid” and not just “momentary survival.” Unless specifically stated otherwise, references to “health” adhere to the definition of health in Doe v. Bolton: “all factors — physical, emotional, psychological, familial, and the woman’s age — relevant to the well-being of the patient.” If a state is listed as “N/A,” then there are no state laws regarding either an abortion limit or exceptions. However, these states are subject to the federal precedent of viability in Roe, but if Roe were overturned, then these states would have no limits on abortion. [READ MORE …]