Post-Viability Abortion Restriction

Texas' post-viability abortion restriction provides that no abortion may be performed in the third trimester on a viable fetus unless necessary to preserve the woman's life or prevent a "substantial risk of serious impairment" to her physical or mental health or if the fetus has a severe and irreversible abnormality.  Tex. Health & Safety Code Ann. §§ 170.002 (Enacted 1999), 170.001(3) (Enacted 1999; Last Amended 2001).

Another statute limits the health exception even further, stipulating that no abortion may be performed in the third trimester on a viable fetus unless necessary to preserve the woman's life or prevent "severe, irreversible brain damage" or paralysis or if the fetus has a severe and irreversible "brain impairment."  Tex. Occ. Code § 164.052 (Enacted 1999; Last Amended 2005).

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 Texas' post-viability restrictions because the health exceptions are dangerously narrow.