Laws that require pregnant people to receive biased and often inaccurate counseling or an ultrasound prior to receiving abortion care, and, in some instances, to wait a specified amount of time between the counseling and/or ultrasound and the abortion care. Laws that require providers or clinics to notify parents or legal guardians of young peoples seeking abortion prior to an abortion (parental notification) or document parents’ or legal guardians’ consent to a young person’s abortion (parental consent). Compliance is often costly and can require unnecessary facility modifications. TRAP laws fall into several categories, including regulation of locations where abortion is provided and/or facility specifications, provider qualifications, and reporting requirements. 2014, reaffirmed 2019) National Abortion Federation, Clinical Policy Guidelines for Abortion Care (2018) See, e.g., ACOG, Increasing Access to Abortion (Nov. These laws do not increase patient safety and are counter to evidence-based clinical guidelines. Targeted regulation of abortion providers (TRAP) laws single-out physicians who provide abortion care and impose various legal requirements that are different from and more burdensome than those imposed on physicians who provide comparable types of care. Types of Abortion Restrictions Targeted Regulation of Abortion Providers ( TRAP) These laws ban abortion at an early gestational age and are enforced through private rights of action, which authorizes members of the public to sue abortion providers and people who help others access abortion care. Laws that are modeled after Texas SB 8, the vigilante law that took effect in September 2021. Some states criminalize people who self-manage their abortion, i.e., end their pregnancies outside of a health care setting. Criminalization of self-managed abortion (SMA) Bonnie Steinbock, Preventing Sex-Selective Abortions in America: A Solution in Search of a Problem, The Hasting Center (2017). However, there is no evidence that pregnant people are seeking abortion care because of the sex or race of their fetus. These bans typically name sex, race, and genetic anomaly as prohibited reasons. Laws that prohibit abortion if sought or potentially sought for a particular reason. Laws that prohibit a specific method of abortion care, most commonly dilation and extraction (D&X) procedures and dilation and evacuation (D&E) procedures. Gestational age is counted in weeks either from the last menstrual cycle (LMP) or from fertilization. Laws that prohibit abortion before viability these laws were unconstitutional under Roe. Trigger bansĪbortion bans passed since Roe was decided that are intended to ban abortion entirely if the Supreme Court limited or overturned Roe or if a federal Constitutional amendment prohibited abortion. Now that the Supreme Court has overturned Roe, these states could try and revive these bans. However, some states and territories never repealed their pre-Roe abortion bans.
Most states repealed abortion bans in effect as of 1973 once Roe made them unenforceable. Glossary Understanding Abortion Bans Pre- Roe bans Adolescent Sexual and Reproductive Health and Rights.
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