A Fact Sheet of the PA Pro-Life Federation Abortion in Pennsylvania Brief summary of current law (the background cases and a more complete description of the law follows): The Pennsylvania Abortion Control Act was passed in 1989, but held up by court injunction until May, 1994.
Here is a summary of the provisions of the state law which were upheld by the U. Supreme Court in Abortion is legal for any reason by any means during the first six months of pregnancy, but in the last trimester of pregnancy, abortion is restricted only to cases when the life of the mother is seriously threatened or when pregnancy would result in irreversible impairment of a major bodily function.
Except in the case of a medical emergency, consent to an abortion is voluntary and informed if and only if: At least 24 hours prior to the abortion, the physician who is to perform the abortion or the referring physician has orally informed the woman of: Parental Consent Except in the case of a medical emergency or except as provided in this section, if a pregnant woman is less than 18 years of age and not emancipated (supporting herself), a physician shall not perform an abortion upon her unless he first obtains the informed consent of both the pregnant woman and one of her parents.
Background1973- On January 22, 1973, in what one dissenting Justice referred to as "an exercise in raw judicial power," the U. Supreme Court ruled that the "right to privacy" encompasses a woman's right to undergo an abortion.
In doing so, the Court struck down all existing state laws on abortion and created new abortion law for the entire United States.
The following sections of the Pennsylvania law were upheld in and went into effect in May, 1994 and remain unchanged in the law today.
These are some of the key provisions of the Abortion Control Act.
Dozens of other states have passed or are seeking to pass similar legislation.
Informed Consent No abortion shall be performed or induced except with the voluntary and informed consent of the woman ...
The door had been opened for some modest regulation of the abortion industry.1989- Pennsylvania Abortion Control Act In the fall of 1989 the Pennsylvania legislature by substantial majorities (143-58 in the House and 33-17 in the Senate) passed the 1989 Abortion Control Act. Those two aspects of the law have been in effect and unchallenged since then. The Commonwealth appealed this ruling to the Third Circuit Court of Appeals. Supreme Court where most of its original provisions were upheld.
A previously passed and challenged provision of the 1988 Abortion Control act involving parental consent, which had been pending at the Third Circuit level, was joined to the 1989 Abortion Control Act provisions and oral argument was heard in February of 1991. The spousal notification requirement was struck down.