If you are considering having an abortion, there are certain laws and rights that you may have surrounding your decision. In the case Roe v. Wade in 1972, the Supreme Court made it legally possible for women and minors to have the right to choose to terminate their pregnancy for any reason without any government involvement.
This right is also guaranteed to the women under the First Amendment’s Right of Privacy, which provides that the government cannot deny any individual their right to privacy without providing a compelling and necessary reason.
Since the Supreme Court’s decision in the 1972 case Roe v. Wade, abortion has come under examination by many lawmakers and also many individuals who believe abortion should be banned all together. Even though the women has the right of privacy, states may place regulations on abortions to protect the health and safety of the mother and the life unborn child.
In evaluating these regulations, the courts determine two factors:
States may place regulations on abortions to protect the health and safety of the mother and the life of the unborn fetus as long as the regulations are not an undue burden and a substantial obstacle on the mother's right to privacy. Below is a summary of abortion regulations that are not considered substantial obstacles or an undue burden:
The United States Supreme Court has determined that a fetus becomes viable when the unborn child can live outside of the mothers womb on its own without the use of life supporting technology. The courts recognized that a fetus becomes "viable" usually during the third trimester or after 28 weeks in the pregnancy. The 28-week definition allows makes the regulations on abortion a "compelling state interest" in protecting the unborn child’s potential life and protecting the mother’s health and safety. It was determined that the women’s right to privacy is outweighed by the states compelling interest of preserving the child’s life and women’s health.
Some states do not have a set timetable of when the fetus is actually viable and allow doctors to decide for themselves if the fetus is viable through tests and procedures.
No. The government does not have the obligation to use public state funding to pay for an abortion. Ever since 1977, the federal government has refused to cover abortions in public insurance programs. Abortion funds exist from other private organizations and insurance carriers. Many abortion fund groups are volunteer programs that would pay for a women’s abortion
A lawyer is not required to obtain an abortion, but there are lawyers that represent individuals who have been denied their right to an abortion. If you believe that the state has restricted your right to have an abortion and want to challenge the constitutionality of the state’s action, contact a civil rights lawyer to protect your constitutional rights.
Last Modified: 08-03-2016 10:28 PM PDTLaw Library Disclaimer
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