Massachusetts is close to giving doctors the final word on whether to
perform late abortions
[August 01, 2026]
By GEOFF MULVIHILL
Massachusetts is on the way to giving doctors the final say on whether
an abortion should be allowed late in pregnancy, a move expected to
affect few cases but that supporters say is needed because hospitals are
now turning away women they should be serving.
The state Senate adopted the measure Friday, sending it to Democratic
Gov. Maura Healey, who has signed other laws strengthening abortion
rights.
Under current Massachusetts law, abortion is legal for the first 24
weeks of pregnancy. It is allowed after that only if a physician using
best medical judgment says it is necessary to preserve the life,
physical or mental health of the woman, because of a lethal fetal
anomaly or diagnosis or because the fetus wouldn't likely survive
outside the uterus.
State Rep. Christine Barber said that under that framework, hospitals
turned away some women for abortions late in pregnancy, even in a case
where a fetus had a stroke and was determined to be unlikely to survive.
The new law would take out the list of specific reasons and say simply
that it would be allowed “based on the professional judgment of the
physician.”
Opponents say that it would allow abortion until birth — even on healthy
fetuses — and that later abortions are more complex and risky for the
women.
“While this legislation prioritizes access, it does not prioritize a
woman’s safety,” Myrna Maloney Flynn, president of Massachusetts
Citizens for Life, said in a video encouraging supporters to tell
lawmakers to reject the bill.
Abortion law changes have slowed but not stopped
If Healey signs it, the law would be the latest change to a U.S.
abortion landscape that received a shock four years ago after a Supreme
Court ruling that overturned Roe v. Wade and allowed states to enforce
abortion bans.
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Flowers adorn the lawn in front of the Massachusetts State House,
July 24, 2024, in Boston. (AP Photo/Mary Schwalm, File)
 Some already had bans on the books
as they waited for permission to enforce them, and others adopted
bans or restrictions after the ruling. Currently, 13 states are
enforcing bans abortion at all stages of pregnancy, with some
exceptions. Another four bar it after about six weeks of pregnancy —
which is often before women realize they are pregnant.
Several Democratic-controlled states have moved the other way,
adding laws that seek to protect medical providers from prosecution
for providing abortion to patients in other states. Massachusetts is
among the states that has gone farthest, with a shield law that
applies to those who prescribe abortion bills via telehealth to
women in states where abortion is banned. Anti-abortion officials in
Louisiana and Texas are testing those protections.
Most abortion-related state laws adopted this year have not made for
major changes on when or how abortion is allowed.
For instance, a new Colorado law requires colleges that have student
health centers to provide abortion pills for students starting in
August 2027. Private schools that say it conflicts would their
religious beliefs would be exempt.
A new Oklahoma law makes it a felony to buy or sell those pills for
the purpose of an unlawful abortion for someone else.
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