After Roe, abortion will still be allowed in most circumstances. Hear from Pennsylvania Family Institute about what’s at stake, and how you can be part of the fight for life. Then, keep reading to find out more about what abortion law would be in your state after Roe.
After Roe, states will have an even greater responsibility to protect life. Partner with your state’s family policy council to ensure that your state is pro-life, from conception all the way to natural death!Connect with Pennsylvania Family Institute
THE BIG QUESTION
After Roe, will my state ban nearly all abortions or allow nearly all abortions?
Pennsylvania will still allow most abortions after Roe. Read more about Pennsylvania’s legal restrictions on abortion below.
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?
Abortion is banned in Pennsylvania at 24 weeks. There are some exceptions to allowing an abortion after the legal limit and those must be performed in a hospital. 18 Pa. Cons. Stat. Ann. § 3211.
Pennsylvania also bans sex-selective abortion. 18 Pa. Cons. Stat. Ann. § 3204(c).
Exceptions to any limitations
Are there any exceptions to those limitations placed on abortion?
Yes: The 23-week ban includes an exception for if the attending physician and another physician who has examined the woman agree in writing that the procedure is necessary to prevent the mother’s death or “substantial and irreversible impairment of a major bodily function.” 18 Pa. Cons. Stat. Ann. § 3211.
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)?
Violations of the 23-week ban are considered up to a third-degree felony. 18 Pa. Cons. Stat. Ann. § 3211.
Violators of the counseling requirements are guilty of unprofessional conduct and their licenses are subject to suspension or revocation. 18 Pa. Cons. Stat. Ann. § 3205(c).
Violations of the born alive requirements are considered a third degree felony. 18 Pa. Cons. Stat. Ann. § 3212(b).
Protecting Fundamental Rights
Does my state give parents the right to consent for their child to get an abortion?
Yes: Consent from one parent is required; however, this state has a method where a minor can obtain permission from the courts to receive an abortion without parental notice or consent. Consent may be waived in a medical emergency. 18 Pa. Cons. Stat. Ann. § 3206.
Does my state have conscience protections for medical professionals who do not want to participate in abortions?
Yes: Medical employees, students, and medical facilities are not required to perform or aid in the performance of abortions. Individuals must state their objection in writing. 18 Pa. Cons. Stat. Ann. § 3213.
Babies Born Alive
Are there legal protections for babies born alive following a botched abortion in my state?
Yes: Children born alive are considered a full person under the Pennsylvania Constitution.
Physicians must provide the same degree of care and treatment to any other person in similar circumstances. 18 Pa. Cons. Stat. Ann. § 3212.
Safety & Health of Women
Does an abortion have to be provided by a licensed physician in my state?
Yes: Only medical doctors and doctors of osteopathy may perform abortions. 18 Pa. Cons. Stat. Ann. § 3203.
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: Consent and counseling are required. 18 Pa. Cons. Stat. Ann. § 3205.