After Roe, abortion will still be legal in most circumstances. Connect with your local family policy council to stay up-to-date on the pro-life movement in your state—now and after Roe. Then, keep reading to find out more about what abortion law would be in your state after Roe.Connect with Massachusetts Family Institute
THE BIG QUESTION
After Roe, will my state ban nearly all abortions or allow nearly all abortions?
Massachusetts will still allow most abortions after Roe. The Supreme Court of Massachusetts held that the Massachusetts Declaration of Rights protects a supposed “right to an abortion” as a fundamental right. Moe v. Sec’y of Admin. & Fin., 417 N.E.2d 387 (Mass. 1981).
MORE ABOUT YOUR STATE’S ABORTION LAWS
Below, we’ve summarized what abortion laws would be in your state after Roe.
Abortion Limits, Exceptions and Enforcement
Limitations on abortions
If my state won’t ban all abortions, what are the limits to abortion?
Abortions are banned after 24 weeks. Mass. Gen. Laws Ann. ch. 112, § 12N (Enacted 1974; Last Amended 2020).
Exceptions to any limitations
Are there any exceptions to those limitations placed on abortion?
Yes: If the abortion is necessary to preserve the woman’s life or to “preserve the patient’s physical or mental health or… because of a lethal fetal anomaly or the fetus is incompatible with sustained life outside the uterus.” Mass. Gen. Laws Ann. ch. 112, § 12N (Enacted 1974; Last Amended 2020).
Penalties for performing an illegal abortion
What are the penalties to abortion providers for committing an illegal abortion (one of the forms of abortion that my state has limited under the law)?
When abortion laws are violated, who can file a lawsuit to enforce their rights and the law?
Special standards of care
Does my state impose a special medical standard of care on abortion providers?
Protecting Fundamental Rights
Does my state give parents the right to consent for their child to get an abortion?
Partially: Children ages 16 years or older are not required to obtain parental consent for an abortion. Children under 16 years of age require the consent of one parent or guardian. This state has a method where a minor can obtain permission from the courts to receive an abortion without any parental notice or consent. Mass. Gen. Laws Ann. ch. 112, § 12R (Enacted 1974; Last Amended 2020).
Does my state have conscience protections for medical professionals who do not want to participate in abortions?
Yes: Physicians, persons associated with, employed by, or on the medical staff of a hospital or health facility, private hospitals, or health facilities, may object in writing on moral or religious grounds and refuse to participate in medical procedures that result in an abortion. Mass. Gen. Laws Ann. ch. 112, § 12I (Enacted 1973).
Babies Born Alive
Are there legal protections for babies born alive following a botched abortion in my state?
Safety & Health of Women
Does an abortion have to be provided by a licensed physician in my state?
No: A physician, physician assistant, nurse practitioner or nurse midwife may perform an abortion consistent with the scope of their practice and license if, in their best medical judgment, the pregnancy has existed for less than 24 weeks. An abortion after 24 weeks may only be performed by a licensed physician. Mass. Gen. Laws Ann. ch. 112, § 12M (Enacted 1974; Last Amended 2020), Mass. Gen. Laws Ann. ch. 112, § 12N (Enacted 1974; Last Amended 2020).
Does my state’s law require that a woman give informed consent and/or receive counseling prior to allowing an abortion to be performed?
Yes: Informed consent is required. Mass. Gen. Laws Ann. ch. 112, § 12R (Enacted 1974; Last Amended 2020).
Does my state place any waiting requirement on abortion so that a mother has more time to decide?