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Abortions at this stage in pregnancy are sometimes referred to as “ later abortions” by the medical community as well. As such, we will refer to abortions occurring at ≥21 weeks gestation as abortions later in pregnancy, but it should be noted that 21 weeks is a largely arbitrary cutoff based on how the CDC collects data on abortions. In fact, the American College of Obstetricians and Gynecologists ( ACOG) has written that “late-term abortion” has no medical meaning and should not be used in clinical or legal settings. Members of the medical community have criticized the term “late-term” abortion, as it implies abortions are taking place after a pregnancy has reached “term” (37 weeks) or “late term” (>41 weeks) which is false. “Late term” abortion typically refers to abortions obtained at or after 21 weeks, however it is not an accepted medical term, nor is there a consensus around to which gestational ages it refers. What is a so-called “late-term” abortion? By convention, gestational age is used to discuss pregnancy dating as most pregnant individuals know their LMP, however certain abortion regulations reference fertilization age instead. Fertilization occurs approximately 2 weeks after menses, thus gestational age by LMP predates fertilization age by ~2 weeks. Post-fertilization or fertilization age refers to the time since the egg and sperm fused to create a fertilized egg. Since some people do not know the date of their LMP, ultrasound can also be used to calculate GA. This fact sheet explains why individuals may seek abortions later in pregnancy, how often these procedures occur, how the concepts of viability and fetal pain play into this topic, and the various laws which regulate access to abortions later in pregnancy.Ĭlarifying Pregnancy Dating: pregnancies are measured using gestational age (GA), calculated in days and weeks since the first day of the last menstrual period (LMP). Discussion of this topic is further obscured due to the terms sometimes used to describe abortions later in pregnancy– including “late-term,” “post-viability,” “partial birth,” “dismemberment” and “born-alive” abortions-despite many medical professionals criticizing and opposing their use.

Yet these abortions receive a disproportionate amount of attention in the news, policy and the law, and discussions on this topic are often fraught with misinformation for example, intense public discussions have been sparked after several policymakers have theorized about abortions occurring “ moments before birth” or even “ after birth.” In reality, these scenarios do not occur, nor are they legal, in the U.S. They are often difficult to obtain, as they are typically costly, time-intensive and only performed by a small subset of abortion providers.

Many states have passed a range of laws that restrict access to abortions later in pregnancy, by either placing gestational age limits on abortion and/or by banning clinicians from performing certain procedures.Ībortions occurring at or after 21 weeks gestational age are rare.Viability is not set at a specific date in the pregnancy, rather multiple factors play into the determination of viability, including gestational age, fetal weight and sex, and medical interventions available. Wade made the concept of viability critical to the regulation of abortion, particularly when it comes to abortions later in pregnancy. Reasons individuals seek abortions later in pregnancy include medical concerns such as fetal anomalies or maternal life endangerment, as well as barriers to care that cause delays in obtaining an abortion.They normally require treatment over multiple days, and are only performed by a subset of all abortion providers. Typically, these procedures cost well over $1,000, excluding the cost of travel and lost wages. Abortions at or after 21 weeks are uncommon, and represent 1% of all abortions in the US.