Late-Term Abortion Laws in Maryland

1. What are the late-term abortion laws in Maryland?


In Maryland, abortion is generally legal up until viability of the fetus. Viability is typically determined by physicians to be around 24 to 28 weeks into the pregnancy. After this point, a physician must determine that the abortion is necessary to save the life or preserve the health of woman, or if the pregnancy resulted from rape or incest. Most abortions after viability are therefore rare and are only performed if medically necessary.

2. Is there a gestational limit on abortions in Maryland?


Yes, there is a gestational limit on abortions in Maryland. Abortions are legally allowed in Maryland up to 24 weeks of pregnancy.

3. Is there a ban on late-term abortions in Maryland?


No, there is not a ban on late-term abortions in Maryland. Maryland law only requires that abortion providers receive the informed consent of the patient and her doctor, and that a second doctor confirm that a late-term abortion is medically necessary.

4. Who can authorize a late-term abortion procedure in Maryland?


A licensed physician must authorize a late-term abortion procedure in Maryland. A woman seeking a late-term abortion must be evaluated by two physicians; one of the physicians must certify in writing that the abortion is necessary to protect the woman’s life or physical health. The written certification must contain the reasons for the physician’s opinion.

5. How does Maryland define a “late-term abortion”?


In Maryland, late-term abortion is defined as an abortion performed after 24 weeks of gestation. The term “late-term abortion” is used to describe abortions that take place after 24 weeks, although the medical definition of a term pregnancy is usually used to describe pregnancies that go beyond 24 weeks.

6. Are there any exceptions to late-term abortion bans in Maryland?


Yes, there are exceptions to the late-term abortion ban in Maryland. Late-term abortions are only allowed in Maryland if the pregnant woman’s life or physical health is at risk, or if the fetus is not viable. There are also exceptions for cases of rape or incest.

7. Are there any parental notification laws for minors seeking abortions in Maryland?


Yes, there are parental notification laws for minors seeking abortions in Maryland. A minor must provide written consent from at least one parent or legal guardian before having an abortion. If a minor is unable to obtain such consent, they may petition the court for a judicial bypass.

8. What are the informed consent requirements for abortions in Maryland?


Abortion clinics in the state of Maryland are required to provide a patient with written and verbal informed consent information and counseling before performing an abortion. This includes providing a patient with information about the possible risks and benefits of the procedure, including the potential risks of carrying a pregnancy to term, any medical risks or complications that could occur during the abortion procedure, the chance to view an ultrasound and hear the fetal heartbeat (if available), and information about any available alternatives to abortion. Informed consent is also required for any medical emergency that may arise during or after the procedure. All patients must also sign a statement affirming that they understand the information that has been provided to them and that they have freely given their informed consent for the procedure.

9. Does Maryland require waiting periods for abortions?


Yes, Maryland requires a 24-hour waiting period for abortions.

10. Are there any laws requiring ultrasounds before abortions in Maryland?


No, there are no laws requiring ultrasounds before abortions in Maryland.

11. Does Maryland have any bans on sex-selective abortions?


Yes, Maryland has a ban on sex-selective abortions. The law prohibits health care providers in Maryland from knowingly performing or participating in an abortion solely based on the sex of the fetus.

12. Are there restrictions on public funding of abortions in Maryland?


Yes, there are restrictions on public funding of abortions in Maryland. State law prohibits Medicaid funds from being used to pay for abortions unless the procedure is necessary to save the life of the patient, necessary in cases of rape or incest, or determined to be medically necessary for other reasons.

13. Does Maryland have any laws regulating the sale of abortifacients (drugs that induce abortion)?


Yes, Maryland does have laws regulating the sale of abortifacients. State code 5–502 requires that any person or entity who sells, transfers, or dispenses any abortifacient drug or device must be a licensed practitioner and must obtain written consent from the patient before administering the abortifacient. The code also requires that the patient be informed of the risks and consequences of taking the abortifacient, as well as any alternatives to the medication. Finally, all abortifacient drugs and devices must be dispensed in a safe and secure manner.

14. Does Maryland require counselling before an abortion procedure?


Yes. Maryland requires that patients receive counseling at least 24 hours prior to an abortion procedure. Counseling must be provided by a qualified individual and must include information on the risks associated with the procedure as well as other alternatives to abortion.

15. Are there any regulations on the disposal of fetal remains after an abortion procedure in Maryland?


Yes. According to the Maryland Department of Health, a woman who has an abortion must sign an authorization form that allows the remains to be disposed of in a manner consistent with the laws of Maryland. All fetal remains from an abortion procedure must be disposed of according to Maryland Code, Health-General Article § 20-209. In accordance with the law, the fetal remains must be interred or cremated within 15 days after the abortion procedure.

16. Does Maryland recognize any conscientious objection rights for health care providers who object to performing abortions?


Yes, Maryland recognizes conscientious objection rights for health care providers who object to performing abortions. In 2005, the state passed the Conscientious Objector Statute, which states that no health care provider may be required to participate in or assist in any abortion procedure if they have a personal moral or religious opposition to it. Additionally, hospitals and other health care facilities are not allowed to require a health care provider to refer patients for an abortion against their conscience.

17. Does Maryland have any laws protecting healthcare providers from being discriminated against for participating in abortion procedures?


Yes. Maryland has laws protecting healthcare providers from being discriminated against for participating in abortion procedures. Specifically, Maryland law states that a hospital or other medical facility may not refuse to permit the performance of abortions within its facilities based solely on the fact that a healthcare provider has been or is associated with entities or individuals who are engaged in abortion services. Additionally, the law prohibits healthcare facilities from refusing to hire or terminating an employee for providing abortion care.

18. Are there any laws concerning the transportation of minors across state lines to obtain abortions in Maryland?


Yes. According to the Maryland Code, Section 5-321, a minor must obtain permission from a parent or guardian before receiving an abortion. Additionally, the minor must be accompanied by a parent or guardian to receive the abortion. If the minor is coming from outside of Maryland, they are required to submit an affidavit from a mandated reporter in their home state stating that they have obtained permission from a parent or guardian to receive the abortion.

19. Are there restrictions on the use of telemedicine for abortion services in Maryland?


Yes, there are restrictions on the use of telemedicine for abortion services in Maryland. Abortion via telemedicine is only permitted when the patient is under 14 weeks of gestation. Additionally, the physician must conduct an in-person physical examination of the patient prior to providing any medication for an abortion. The physician must also provide counseling and other services in person or via telephone 24 hours before the procedure.

20. Does Maryland have any laws criminalizing the performance of self-induced abortions or assisting others with self-induced abortions?


No, Maryland does not have any laws criminalizing the performance of self-induced abortions or assisting others with self-induced abortions. However, it is important to note that the state does have laws relating to criminal abortion that may apply in certain circumstances.