Abortion now illegal after 6 weeks in Florida, with few exceptions. Here's what that means
UPDATED: The state agency overseeing abortion clarified abortion penalties, medical exceptions.
As of Wednesday, May 1, most abortions in Florida after six weeks will be illegal.
The state's previous 15-week ban passed in 2022 went into effect a month ago, when the state Supreme Court overruled a 34-year-old decision that said a privacy provision in the state constitution protected a woman’s right to terminate a pregnancy. But that ruling also triggered a more restrictive 6-week ban passed by the Florida Legislature last year to go into effect 30 days later.
That means Florida is no longer the southern state with the least restrictive abortion laws. Floridians needing or wanting abortions after six weeks of pregnancy would need to travel to North Carolina, where the limit is 12 weeks, or up to Virginia where there are no laws banning abortion.
Previously Florida was the destination for people in the South with little or no access to abortion services, more than 25,000 in the last five years, according to the nonprofit site KFF Health News.
Abortion is currently banned in 14 states, limited to gestational periods between six and 12 weeks in five, between 15 and 22 weeks in 6 more, and has no bans in 25 states and Washington, D.C. according to nonprofit KFF. Many GOP-led states rushed to enact abortion bans after the U.S. Supreme Court struck down Roe v. Wade in 2022.
However, the Florida Supreme Court also ruled that a proposed constitutional amendment about abortion could go on the November ballot this year. If voters approve it, Florida's abortion laws would go back to more or less what they were when Roe v. Wade was still in force.
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What are Florida's abortion laws?
As of May 1, all abortions (with a few exceptions) are illegal in the state of Florida after a "physician determines the gestational age of the fetus is more than 6 weeks," a time when many pregnant people don't yet know they're pregnant.
People may have as little as two weeks after missing a period to find out and get both appointments at the state's overworked clinics, which leaves an extremely narrow window for a pregnant person in a potentially traumatic situation to take action. The state also requires a 24-hour waiting period so patients will need to fit two appointments before the legal deadline
However, while the law reduces the amount of time pregnant people have to get an abortion, it does provide some exemptions for rape and incest that the 15-week ban lacked, something that drew criticism even from some supporters.
On Wednesday, the Agency for Health Care Administration, the agency that regulates abortions in Florida, released some clarification Wednesday to "combat the lies and misinformation surrounding Florida’s Heartbeat Protection Act."
Notable among the items listed in the "Myth vs. Fact" flier the agency posted are that a pregnant person seeking or getting an abortion will not be subject to criminal penalties and that abortions for ectopic pregnancies, premature rupture of membranes or miscarriages are not prohibited.
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When do most people find out they're pregnant?
According to a 2021 study from ANSIRH (Advancing New Standards in Reproductive Health) at the University of California San Francisco, about one in three people confirm their pregnancies after six weeks, and one in five after seven weeks.
"Later confirmation of pregnancy is even higher among young people, people of color, and those living with food insecurity," the study's summary said, "suggesting that gestational bans on abortion in the first trimester will disproportionally hurt these populations."
Does Florida's 6-week abortion law include exemptions for danger to the mother?
Yes, but only for extreme cases. Two physicians must certify, in writing, that in their judgment an abortion is necessary "to save the pregnant woman’s life or avert a serious risk of substantial and irreversible physical impairment of a major bodily function." One physician may certify it if another is unavailable at the time.
This requires physicians willing to risk possible fines, loss of license and even imprisonment by going on record against oversight committees and the state. Attempts by Democrats to clarify the conditions under which a physician may make that call without risking their medical license were struck down.
Does the 6-week abortion ban in Florida include exemptions for a fetus that has died or is going to die?
Yes. If two physicians have certified in writing that in reasonable medical judgment, the fetus has a fatal fetal abnormality, the pregnancy may be terminated.
However, the law now contains new language requiring that the pregnancy must not have "progressed to the third trimester," which could be interpreted to mean that abortions for fatal fetal abnormalities are banned after 27 weeks.
Does the 6-week abortion ban in Florida include exemptions for rape or incest?
Abortions are permitted in the case of rape, incest or human trafficking but only up to 15 weeks, and only if the pregnant person has copies of "a restraining order, police report, medical record, or other court order or documentation" to provide evidence that they are a victim of rape or incest.
If the pregnant person is a minor, the physician must report the incident of rape or incest to the central abuse hotline.
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Does the 6-week abortion ban in Florida ban abortion pills?
Abortion pills are banned unless they are administered by a licensed doctor in person.
So-called "abortion pills" — actually two pills, mifepristone and misoprostol, taken up to 48 hours apart — which cause a person’s cervix to dilate and their uterus to contract, emptying the embryo from the person’s uterus, have dramatically risen in popularity in the last few years both for the relative convenience compared to surgical abortions and to get around abortion bans. Access to them has been challenged and will be decided by the U.S. Supreme Court.
The new law clearly states that abortions may only be performed by a physician in the same room. Telehealth sessions are specifically banned.
Can I go to jail for getting an abortion after 6 weeks in Florida?
Florida law prohibits anyone from willfully performing or actively helping someone get an abortion outside of the six-week gestational period or the legal exemptions. Doing so is considered a third-degree felony, punishable by fines and imprisonment of five years. It is unclear if the pregnant person is also liable.
"Florida's criminal abortion penalties do not apply to pregnant women," the AHCA said in a clarfiication. Florida law only states that a person upon whom a partial-birth abortion is performed, which is illegal, may not be prosecuted.
What were Florida's abortion laws before?
Before the 15-week ban, the Roe v. Wade standard had applied across the country for decades. Abortions were legal:
To the end of the first trimester (up to 12 weeks) for any reason
During the second trimester (up to 24 weeks) to protect the health of the pregnant person
During the third trimester if necessary to preserve the pregnant person's life or health
A full-term pregnancy is considered to be 39-40 weeks.
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What would Amendment 4, Florida's abortion amendment do?
The proposed amendment submitted by Floridians Protecting Freedom that will appear on November's ballot reads:
“No law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider. This amendment does not change the Legislature’s constitutional authority to require notification to a parent or guardian before a minor has an abortion.”
Fetal viability has been put at about 24 weeks.
For the amendment to pass it must win by a supermajority, or at least 60% of the vote. According to an exclusive USA TODAY/Ipsos poll of more than 1,000 Floridians, half said they would vote in favor.
This article originally appeared on The Daytona Beach News-Journal: Abortion in Florida now illegal after 6 weeks. What to know
