A new CORE brief summarizes evidence documenting the ways that gestational duration abortion bans — laws that ban abortion after a certain number of weeks in pregnancy — cause harm to pregnant people in need of care.
Under gestational bans, some people have very little time — or no time at all — to decide whether to end or continue their pregnancy.
Before the U.S. Supreme Court overturned Roe v. Wade in 2022, gestational bans before fetal viability (when a fetus might survive outside the uterus) were unconstitutional. Now, abortion policy is decided at the state level and varies greatly by state.
Currently, 28 states have gestational bans, in addition to 13 states with a total abortion ban. In Wisconsin, abortion is prohibited after 20 weeks postfertilization, except when the pregnant person’s life is at risk. Recent legislative efforts in Wisconsin and nationwide aim to introduce even earlier bans.
Most abortions in Wisconsin and the U.S. occur in the first trimester of pregnancy (weeks one to 12). However, people require later abortion care for at least three reasons:
- Later pregnancy discovery: Factors like first-time pregnancies, hormonal contraceptive use, and certain health conditions can delay pregnancy recognition. For example, a national study led by CORE investigator Jenna Nobles found that nearly a quarter of menstruating people experience menstrual irregularities, which can hinder pregnancy confirmation.
- New information: Some fetal health issues and serious health challenges to the pregnant person are only detectable after the first trimester. Gestational bans inflict physical and emotional harm on pregnant people experiencing medical complications or fetal health issues.
- Barriers to care: Financial, logistical, and social obstacles can delay access to abortion care. In Wisconsin, restrictions like insurance prohibitions, waiting periods, and telehealth bans complicate timely care, especially for those who face financial constraints or live far from clinics.
Research demonstrates that gestational bans:
- Deny pregnant people the ability to make a decision that is best for their health, lives, and families.
- Impact all people who can become pregnant but cause the most harm to people of color and those living on low incomes who already face health and social inequities.