State Abortion Laws in Massachusetts

1. How accessible is abortion in Massachusetts?


Abortion is generally accessible in Massachusetts. According to the Guttmacher Institute, 93% of all Massachusetts counties had an abortion provider in 2014. The state also has no mandated waiting periods or required parental consent laws, and reproductive health services are covered by most private insurance plans. However, certain restrictions do apply, such as a ban on the use of public funds for abortion and a requirement that abortions after 24 weeks be performed in a hospital.

2. What is the legal gestational limit for abortion in Massachusetts?


The legal gestational limit for abortion in Massachusetts is 24 weeks.

3. Does Massachusetts require parental involvement for minors seeking an abortion?


Yes, Massachusetts does require parental involvement for minors seeking an abortion. Minors can only receive an abortion if they either obtain written consent from a parent or guardian or receive permission from a judge.

4. Does Massachusetts mandate waiting periods before an abortion?


Yes. Massachusetts mandates a 24-hour waiting period before an abortion can be performed.

5. Does Massachusetts require the disclosure of any information prior to an abortion?


Yes, Massachusetts does require the disclosure of certain information prior to an abortion. The state requires that a doctor provide a woman seeking an abortion with information about the medical risks of the procedure, and inform her of any alternatives to abortion that are available. Additionally, the doctor must provide the woman with information about the gestational age of the fetus and the availability of ultrasound imaging.

6. Does Massachusetts provide public funding for abortion services?


Yes, Massachusetts does provide public funding for abortion services. The state has a Medicaid program for low-income women that covers abortion services, and the state also provides public funding for abortion in cases of rape, incest, or when the life of the woman is in danger.

7. Are there any exceptions to the gestational limit in Massachusetts?


Yes, Massachusetts has exceptions to the gestational limit in cases of severe fetal anomalies, as determined by a physician. In such cases, a woman may be able to obtain an abortion after 24 weeks of gestational age.

8. Can a physician or medical facility refuse to provide abortion services in Massachusetts?


Yes. A physician or medical facility in Massachusetts is allowed to refuse to provide abortion services if the service conflicts with their religious or moral beliefs.

9. Are there any laws related to medication or surgical abortions in Massachusetts?


Yes, in Massachusetts, abortion is legal throughout pregnancy. However, there are laws in place that regulate certain aspects of the procedure. For example, medication abortion is available up to 10 weeks gestation and must be administered by a licensed physician in a clinic or hospital. Surgical abortions can be performed at any stage of pregnancy and must be performed by a licensed physician in a clinic or hospital. The state also requires informed consent for those seeking an abortion. The informed consent must include information about alternatives to abortion, the risks associated with the abortion procedure, and any other relevant health information.

10. Is informed consent required by providers before performing an abortion in Massachusetts?


Yes, informed consent is required by providers before performing an abortion in Massachusetts. The state requires that a woman seeking an abortion receive counseling, either in person or via an interactive video conference, that includes information about the medical risks of the procedure, alternatives to abortion, and resources available to patients. A woman must sign a consent form indicating that she has been informed of the risks and alternatives before proceeding with an abortion.

11. Does Massachusetts allow for the provision of telemedicine abortion services?


Yes. In Massachusetts, telemedicine abortion services may be provided under certain conditions. These include a requirement that the healthcare provider performing the procedure must be licensed and have admitting privileges at a hospital in Massachusetts, and that the patient must have had an in-person visit with a healthcare provider prior to the telemedicine visit.

12. Are specific medical facilities required to provide abortions in Massachusetts?


Yes, specific medical facilities are required to provide abortions in Massachusetts. The state requires that any licensed health care provider offering abortion services must have written policies and procedures for the provision of abortion services, according to the Massachusetts Department of Public Health. Additionally, all licensed health care facilities must provide abortion services if requested.

13. Does Massachusetts have any regulations regarding the provision of post-abortion care?


Yes, Massachusetts has regulations regarding the provision of post-abortion care. These regulations require that abortion providers provide follow-up care to patients, which includes medical assessments and counseling at least 14 days after the abortion. This care must be provided by a healthcare professional who is either trained in abortion care or competent in managing post-abortion complications. The regulations also require abortion providers to provide information to patients about accessing follow-up care in the event of complications.

14. Does Massachusetts have any restrictions on abortion protestors near clinics or medical facilities providing abortions?


Yes. Massachusetts has buffer zones for abortion clinics where protest or demonstrations are prohibited within 35 feet of the entrance of a facility. Furthermore, the law prohibits “harassment, coercion, or intimidation” within this buffer zone.

15. Can health insurance plans cover abortion services in Massachusetts?


Yes, health insurance plans can cover abortion services in Massachusetts. MassHealth, the state’s Medicaid program, covers abortion services for low-income residents who qualify for the program. As of 2019, Massachusetts law also requires all insurance companies to cover the cost of abortions and other reproductive health services without co-pays or other cost-sharing measures. This requirement applies to all fully-insured and self-insured plans, including employer-sponsored plans.

16. Are there any requirements for the disposal of fetal tissue after an abortion in Massachusetts?


Yes, there are requirements for the disposal of fetal tissue after an abortion in Massachusetts. The tissue must be disposed of by incineration, steam disinfection, or mutilation so that it is unrecognizable. All waste must be transported in a secure and sanitary manner to an approved disposal site. The regulations also require that all medical waste, including fetal tissue, be labeled and tracked.

17. How are fetal remains handled after an abortion in Massachusetts?


According to the Massachusetts Department of Public Health, all fetal remains must be handled according to the requirements of the state’s Human Fetal Tissue Disposition Regulation. In general, these regulations require that fetal remains be either buried or cremated. In addition, the provider must provide the patient or their family with information about funeral arrangements and other appropriate options. The patient must also provide written consent for the procedure, and any costs associated with the disposition of the fetal remains must be paid for by the patient.

18. Does Massachusetts recognize gestational and fetal age based on ultrasound measurements?


Yes, Massachusetts recognizes gestational and fetal age based on ultrasound measurements. Ultrasound measurements are typically used to calculate the due date and monitor the growth and development of the fetus.

19. Are there any laws related to informed consent for minors seeking an abortion in Massachusetts?


Yes. In the state of Massachusetts, all minors are required to receive parental or guardian consent before getting an abortion. Minors are also strongly encouraged to speak with a health care provider or counselor about their decision and the risks and benefits of the procedure. Mass. Gen. Laws Ann. ch. 112, § 12S (2018).

20. Is there a judicial bypass process to allow minors to obtain an abortion without parental consent in Massachusetts?


Yes, there is a judicial bypass process available in Massachusetts for minors who wish to obtain an abortion without parental consent. The process requires the minor to obtain a court order from a judge that grants permission for the minor to obtain an abortion without parental consent.