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Tough questions — and answers — on ‘late-term’ abortions, the law and the women who get them

“Late-term” abortions are generally understood to take place during or after the 21st to 24th week of gestation, which is late in the second trimester. That gestational period roughly corresponds to the point of “fetal viability” or when a fetus might be able to survive outside the womb with or without medical assistance. However, there is no precise medical or legal definition of “late-term,” and many doctors and scientists avoid that language, calling it imprecise and misleading. They say “late-term” may imply that these abortions are taking place when a woman has reached or passed a full-term pregnancy, which is defined as starting in the 37th week.

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Articles of Interest

Abortions Later in Pregnancy in a Post-Dobbs Era

Abortions at or after 21 weeks are uncommon and represent 1% of all abortions in the U.S. The procedures are expensive and often require travel and lost wages. They normally require treatment over multiple days and are only performed by a subset of all abortion providers. Claims of abortions occurring “moments before birth” or even “after birth” are false. These scenarios do not occur, nor are they legal in the United States.

How late in pregnancy each state allows abortions

The legality of abortion later in pregnancy has changed dramatically post-Roe.

Is third‐trimester abortion exceptional? Two pathways to abortion after 24 weeks of pregnancy in the United States

In the United States, third‐trimester abortions are substantially more expensive, difficult to obtain, and stigmatized than first‐trimester abortions. However, the circumstances that lead to someone needing a third‐trimester abortion may have overlaps with the pathways to abortion at other gestations.

Political rhetoric about third trimester abortion is misleading, experts say

In reality, abortion “after birth” does not happen, because it would be categorized as murder under all state laws. And while abortions do occur later in pregnancy, they are exceptionally rare and happen for many diverse reasons, such as a fatal fetal diagnosis and financial or travel barriers that extend timelines.

Questions and Answers on Late-Term Abortion

“Late-term” abortion is an imprecise term, but under any “formal” definition offered or as accepted by the public at large late-term abortions refer to abortions at least in the 2nd trimester of pregnancy, when an unborn child can feel pain. Authorities have disagreed on how the phrase should be defined, with some including any abortion performed after the 20th week of gestation and others limiting the term to the third trimester (approximately 27 weeks of gestation to delivery).

Why do women decide to get third-trimester abortions?

The reasons people need third-trimester abortions are not so different from why people need abortions before the third trimester: They received new information—including that they were pregnant—that made the pregnancy not (or no longer) one they wanted to continue They tried to obtain an abortion before the third trimester but faced insurmountable barriers (including policy restrictions and stigma) that delayed them into the third trimester.