FLORIDA, USA — While a majority of Floridians voted for abortion rights on Election Day, Amendment 4 failed to garner the necessary votes to change the state's constitution and limit the government's interference with abortions before fetal viability, or about 24 weeks.
What exactly is Florida's abortion law and what should people know about the law as it stands? Here's a breakdown:
To read the full text of the Florida statute, tap or click here.
When can you get an abortion in Florida?
People living in Florida can legally have an abortion within the first six weeks of pregnancy. After those six weeks, abortions are no longer legal without specific exceptions.
Medical professionals have said many people don't know they're pregnant during the first six weeks.
When are you allowed to get an abortion after six weeks in Florida?
According to Florida law, doctors can't "knowingly perform or induce" an abortion after six weeks of pregnancy except for the following reasons:
Saving a pregnant person's life
Two doctors must agree in writing that performing an abortion is necessary to save the pregnant person's life or "avert a serious risk of substantial and irreversible physical impairment of a major bodily function" of the person.
Alternatively, a doctor can certify in writing that performing an abortion is a "legitimate emergency medical procedure" to save the person's life or avert serious risk of physical impairment.
However, the person's risk of a psychological condition or impairment is not a legal exception for abortion in either case.
Fatal fetal abnormality
Two doctors must agree in writing that the fetus has a "fatal fetal abnormality" in order to perform an abortion, and the pregnancy must not have progressed to the third trimester, or about 28 weeks.
Rape, incest or human trafficking
If a pregnancy results from rape, incest or human trafficking, an abortion may be performed if the doctor determines the fetus is not more than 15 weeks.
However, there are specific steps someone victimized must take and evidence they must provide in order to terminate a pregnancy within those 15 weeks of pregnancy.
At the time of scheduling or arriving at an abortion appointment, the person must provide a copy of a restraining order, police report, medical record or other "court order or documentation" that provides evidence they are getting an abortion because they were a victim of rape, incest or human trafficking.
Additionally, doctors must report any known or suspected human trafficking to law enforcement, provided the victim is 18 years or older. Doctors treating any minors in a case of rape, incest or human trafficking must report it to "the central abuse hotline" as required by law.
Can you get an abortion through telehealth?
No. According to Florida law, doctors can only perform abortions in person. A doctor is prohibited from using telehealth services to perform an abortion, "including, but not limited to, medical abortions."
Medication used for a medical abortion must be given in person by a doctor.
A person in Florida cannot get medication for a medical abortion through the U.S. Postal Service or "by any other courier or shipping service."
Consent required to have an abortion in Florida
A legal abortion cannot take place in Florida without the "voluntary and informed written consent" of the pregnant person or the court-appointed guardian in the case of someone deemed "mentally incompetent."
'Voluntary and informed' consent parameters
- The doctor either performing the abortion or referring a patient to abortion care must verbally inform the pregnant person in person of the following at least 24 hours before the procedure:
- The risks of undergoing or not undergoing an abortion
- The gestational age of the fetus, "verified by an ultrasound," at the time of the abortion
- The doctor performing the abortion or certified technician working with said doctor must perform the ultrasound
- The pregnant person must be given the opportunity to see the live ultrasound images and get an explanation of them. If they agree to see the images, a licensed doctor or nurse must explain the images to them before they give their consent for an abortion.
- If the pregnant person declines to see the live ultrasound images, they must fill out a form acknowledging the opportunity offered and indicate their decision wasn't based on "undue influence" from anyone.
- However, unless the pregnant person requests images, the person performing the ultrasound should not offer live ultrasound images or information if the person has proof they are getting the abortion because of rape, incest, domestic violence or human trafficking. It also is not required if there is a serious, timely risk to the pregnant person if the abortion is delayed.
- The medical risks to the pregnant person and fetus of carrying the pregnancy to term.
Ending a pregnancy in the third trimester
If a termination of pregnancy is done in the third trimester, the doctor is required by law to do everything they can to "preserve the life and health of the fetus" just as they would for a fetus "intended to be born and not aborted."
The exception comes if preserving the life of the fetus "conflicts" with preserving the life and health of the pregnant person; in that case, the doctor must "consider preserving the woman's life and health the overriding and superior concern."
Partial birth abortion prohibited
Doctors are not allowed to "knowingly" perform a partial-birth abortion. If a pregnant person is given a partial-birth abortion, they cannot be prosecuted.
The exception comes if a partial-birth abortion is necessary to save the life of a person whose "life is endangered by a physical disorder, illness, or injury, provided that no other medical procedure would suffice for that purpose."
