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Texas

Post-Viability Abortion Restriction

Texas' post-viability abortion restriction states that no abortion may be provided in the third trimester, after viability, 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 provided in the third trimester, after viability, 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(18) (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 abortion so long as they contain adequate exceptions to protect the woman's life and health.  NARAL Pro-Choice America opposes Texas' post-viability restrictions because the health exceptions are dangerously narrow.


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