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Post-Viability Abortion Restriction

Arkansas' post-viability restriction states that no abortion may be provided after viability unless necessary to preserve the woman's life or health or if a minor's pregnancy is the result of rape or incest.  A fetus shall be presumed not to be viable prior to the end of the 25th week of pregnancy.  The physician must use the available method most likely to preserve the life and health of the fetus unless it poses a greater risk to the woman's life or health than another available method.  The physician shall take all reasonable steps to preserve the life and health of the fetus unless they pose an increased risk to the woman's life or health.  A second physician must attend a post-viability abortion to provide medical attention to the fetus.  Ark. Code Ann. §§ 20-16-701 to -707 (Enacted 1969; Last Amended 1999).

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

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