Post-Viability Abortion Restriction

Ohio has an unconstitutional and unenforceable law that provides that:  no abortion may be performed after viability unless two physicians certify in writing that it is necessary to preserve the woman's life or to prevent a "serious risk of the substantial and irreversible impairment of a major bodily function" of the woman; the physician must use the abortion method most likely to result in fetal survival unless, based on the physician's good faith and reasonable medical judgment, the method poses a "significantly greater risk" of the woman's death or "a serious risk of the substantial and irreversible impairment of a major bodily function" than other available methods; a second physician must attend; the abortion must be performed in a health care facility with access to neonatal services for premature infants; and a fetus of at least 24 weeks gestational age is rebuttably presumed to be viable.  Ohio Rev. Code Ann. §§ 2919.16 (Enacted 1995), 2919.17 (Enacted 1995), 2307.52 (Enacted 1995).

A court has declared this law unconstitutional because it is not severable from a pre-viability abortion ban that unduly burdens a woman's right to choose a pre-viability abortion, and has permanently enjoined the law.  Women's Med. Prof'l Corp. v. Voinovich, 130 F.3d 187 (6th Cir. 1997), cert. denied, 523 U.S. 1036 (1998).

NARAL Pro-Choice America supports the legal framework established in Roe v. Wade and does not oppose restrictions on post-viability abortions so long as they contain adequate exceptions to protect the life and health of the woman.  NARAL Pro-Choice America opposes Ohio's post-viability restriction because the health exception is dangerously narrow.