Massachusetts is advancing toward a legal change that would empower doctors to make final decisions on permitting abortions later in pregnancy. This development is anticipated to impact a minimal number of cases, yet advocates argue it is essential as hospitals are reportedly declining services to women who should receive care.
The state Senate approved the proposal on Friday, forwarding it to Democratic Governor Maura Healey, a proponent of strengthening abortion rights through legislative measures.
Currently, Massachusetts law permits abortion within the first 24 weeks of pregnancy. Beyond this period, it is allowed only if a physician, using their best medical judgment, determines it necessary to protect the woman’s life or mental health, due to a lethal fetal anomaly, or if the fetus is unlikely to survive outside the womb.
State Representative Christine Barber highlighted that under the existing guidelines, hospitals have refused late-term abortions, even in instances such as when a fetus has suffered a stroke and survival is deemed improbable.
The proposed legislation seeks to eliminate the specific list of justifications, instead allowing abortion “based on the professional judgment of the physician.”
Critics argue this could lead to abortions being performed up until birth, including on healthy fetuses, and stress that later-term procedures pose higher risks to women.
Myrna Maloney Flynn, president of Massachusetts Citizens for Life, voiced concerns in a video urging lawmakers to dismiss the bill, stating, “While this legislation prioritizes access, it does not prioritize a woman’s safety.”
Evolution of Abortion Laws in the U.S.
Should Governor Healey sign the bill, it would represent another evolution in the U.S. abortion landscape, which has been in flux since the Supreme Court’s decision four years ago to overturn Roe v. Wade, enabling states to implement abortion bans.
Some states had pre-existing bans ready to activate post-ruling, while others enacted new restrictions. Presently, 13 states enforce bans at all pregnancy stages, with specific exceptions, and four states prohibit abortion after approximately six weeks, often before women realize they are pregnant.
In contrast, several Democrat-led states have enacted laws to shield medical providers from prosecution for offering abortion services to out-of-state patients. Massachusetts is proactive in this regard, with a shield law covering those prescribing abortion pills via telehealth to women in states with abortion bans. Nevertheless, anti-abortion officials in Louisiana and Texas are challenging these protections.
Most state-level abortion legislation this year has not significantly altered the timing or methods permitted for the procedure.
For example, Colorado has instituted a law requiring college health centers to dispense abortion pills to students starting August 2027, excluding private institutions with conflicting religious beliefs.
Meanwhile, Oklahoma has criminalized the sale or purchase of such pills for facilitating an illegal abortion on behalf of another person.
