I was told today the following in regard to abortions: “medical field has determined that the “fetal stage” begins at 12 weeks, and Roe v Wade uses that as the standard for abortions”.
I’m confused…anyone know what this means?
Up until what point in this country are abortions legal?
I’m basing this information on what I remember from a constitutional law class I took in college (the class was five years ago.) I very well could be mixing up details or forgetting something important, and I only took the one class on the subject.
So, based on that, here’s how I would answer you:
Roe v. Wade (1973) stipulates that abortion
must remain legal for the first trimester (the first 12 weeks) of pregnancy. After that, it is subject to regulation by the states.
However, in
Planned Parenthood v. Casey (1992 I think) the Supreme Court ruled that there could be other measures restricting access to abortion even within the first trimester, such as, parental consent in the case of minors.
In some states, the effects of the restrictions make it very difficult for some people to obtain a legal abortion (some states counter the cases’ stipulations by putting tougher regulations on abortion providers - some states have no licensed abortion providers at all.) In other states, there are little to no regulations at all.
If I am remembering correctly, the author of the
Roe decision (can’t remember which justice it was now) basically invented the trimester terminology, so that could be what your friend meant. There is nothing any more defining about the 12th week of pregnancy than any other in terms of fetal development, and the baby is in the fetal stage long before that.
So the short answer is: it depends on what state you’re in. Some states it’s “on the books” as being 12 weeks but a person couldn’t get one; and in other states it could be anytime before birth.