Post-Viability Abortion Restriction

Missouri's post-viability abortion restriction provides that no abortion may be performed after viability unless necessary to preserve the woman's life or health.  The physician must use the available abortion method most likely to preserve the life and health of the fetus unless the method poses a greater risk to the woman's life or health than another available method.  The physician must take all reasonable steps, consistent with good medical practice and with the procedure used, to preserve the life and health of the fetus unless such steps pose an increased risk to the woman's life or health.  A second physician must attend a post-viability abortion.  Mo. Ann. Stat. § 188.030 (Enacted 1974; Last Amended 1979).

The U.S. Supreme Court held that the second physician requirement of the post-viability restriction is constitutional.  Planned Parenthood Ass'n of Kansas City, Mo. v. Ashcroft, 462 U.S. 476 (1983).

In addition, another court held that the other provisions of this post-viability ban are also constitutional.  Planned Parenthood Ass'n of Kansas City, Mo. v. Ashcroft, 655 F.2d 848 (8th Cir. 1981).

NARAL Pro-Choice America supports the legal framework established in Roe v. Wade and does not oppose restrictions on post-viability abortions, such as Missouri's, that contain adequate exceptions to protect the life and health of the woman.