UNDERSTANDING PENNSYLVANIA’S ABORTION LAW
As Pennsylvanians, it is imperative to understand the restrictions on abortion in our state and the areas in which we can work to further eradicate abortion in PA. The Abortion Control Act, originally passed in 1989, outlines the penal code of abortion in the state of Pennsylvania.
BACKGROUND
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Originally passed in 1989 by Governor Bob Casey, it is PA’s legal guide to abortion.
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Pro-abortion groups challenged the provisions outlined in the bill. Such provisions include spousal notification, informed consent, and confidential reporting requirements.
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The original proposal also included restrictions on abortion after six months of pregnancy (only for the health and life of the mother) and restrictions on sex-selective abortions.
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August 1990 – The provisions in the original act were challenged and struck down by a US District Judge, but appealed to the Commonwealth to the Third Circuit Court of Appeals. The ruling eventually reached the Supreme Court.
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Planned Parenthood vs. Casey – most of the provisions were upheld and the Pennsylvania Abortion Control Act went into effect in May of 1994.
For more information please visit: PA Abortion Law
KEY PROVISIONS OF THE PA ABORTION CONTROL ACT
The voluntary and informed consent of the woman
24 hours prior to the abortion, the physician must orally inform the woman on several points of information including:
-Nature of procedure/treatment and any risks that may be involved
-Gestational age of the unborn child
-Medical risks of carrying a child to term
-Alternatives to abortion and any medical assistance benefits that may be available
Parental Consent
If the mother seeking an abortion is under the age of 18, she must have parental consent from at least one of her parents; the only exception is in the case of a medical emergency. In the case that both parents do not provide consent to the abortion, the court of common pleas in the woman’s judicial district may authorize the abortion is the court determines that the woman is mature and capable of giving informed consent
Reporting
A report of each abortion performed must be given to state officials and the report must include the following:
- Identification of the physician
-The county and state of the woman who
experienced abortion
-The age of the woman
-The number of prior pregnancies and abortions of the woman
-The gestational age of the unborn child who was aborted
-The type of abortion procedure
-The date of the abortion.