Know your rights: abortion
Written by Lakshmi Adiga
After the passing of the Texas abortion ban, there has been a wave of legislative activity surrounding the action of getting an abortion. With the rise of support in anti-abortion legislature, we must be able to defend people’s right of choice and bodily autonomy when concerning pregnancies. Here’s what you need to know to defend yourself and others legally when it comes to getting an abortion:
Questions adapted from ACLU Texas.
This does not constitute legal advice, this article is for informational purposes only.
Is abortion still legal?
At the time of this article’s publishing, the Supreme Court case Roe v. Wade’s protection of right to abortion has not been overturned. Institutions like Planned Parenthood can legally still perform abortions. However, it is the restrictions that vary state to state which can make abortions illegal if certain criteria are met, such as gestation time. However, these laws do not punish those getting an abortion, only those performing them.
What are the criteria for legal abortions?
The criteria for legal abortions varies from state to state, and it’s advisable to speak with an attorney to make sure you are thoroughly educated on your rights depending on the state you are in. Here are some different types of criteria that restrict an individual’s access to abortions between states:
Counseling: This requires the pregnant person to receive counseling before an abortion procedure. In some states, this counseling will contain information to dissuade the person from getting an abortion.
Waiting periods: This requires the pregnant person to wait 24-plus hours before receiving an abortion. Some states require them to visit a clinic more than once before the abortion procedure.
Gestational limits: Most states ban abortion after a certain time period. The most famous case of this is the Texas abortion ban that bans abortions after six weeks which is before most people even know they are pregnant.
Ultrasounds: Some states require the pregnant person to view or hear the fetus through an ultrasound to discourage them from undergoing an abortion.
Is it illegal to avoid or help others avoid state abortion restrictions by getting them in a different state?
No. State restrictions on abortion only have jurisdiction within that state. If you are getting an abortion in another state, it is advisable to contact an attorney to ensure that you are not violating any abortion restrictions in that state as well. Many people have chosen to get abortions out of state after increasing harshness of some states’ abortion restrictions, resulting in rising levels of out-of-state abortions.
As a minor, can I get an abortion without notifying my guardians?
If you are under 18, depending on the state you live in there are varying levels of independence that you may have regarding an abortion. Here are the three major circumstances:
The state doesn’t have any laws regarding permission from guardians. In this case your choice to have an abortion is completely independent.
The state does specifically require permission from a parent or an older family member to have an abortion.
The state requires you to notify your legal guardian that you will be getting an abortion, however, they do not require permission from them in order for the procedure to be performed.
Due to the U.S. Supreme Court ruling which determines that states cannot give a guardian absolute control over their child’s right to an abortion, a judge’s permission to have an abortion without telling your parents may be obtained. For information on your state’s specific rules regarding minor’s abortion autonomy, visit the Planned Parenthood website.
Is it considered “aiding and abetting” if I donate to an abortion fund?
No. Donating money is a protected activity under the First Amendment. Specifically in Texas, there is no guarantee that lawsuits attempted to enforce the abortion ban can be avoided, however, the liability risk is low.
