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Fact check: States that approve late term abortion
Executive Summary
The original claims present inconsistent lists of U.S. states that “approve late-term abortion,” with multiple sources naming different states as having no gestational limit while also noting universal health exceptions that permit later procedures when a pregnant person’s life or health is at risk. The most consistent finding across the supplied analyses is that several states and the District of Columbia explicitly report no statewide gestational cutoff, but interpretation varies because other states use “viability” or broad health/life exceptions that functionally allow late-term abortions in specific circumstances [1] [2] [3].
1. Conflicting lists: which states are named as having no gestational cutoff?
Three supplied analyses produce overlapping but nonidentical lists of states described as having no statutory gestational limit. One source lists Alaska, Colorado, District of Columbia, New Hampshire, New Jersey, New Mexico, Oregon, and Vermont as having no state-imposed thresholds [1]. Another KFF-derived summary expands the list to include Maryland, Massachusetts, Michigan, Minnesota, New York, and others alongside Alaska, Colorado, D.C., New Jersey, New Mexico, Oregon, and Vermont [2]. A different KFF table referenced in the analyses again groups some states under a “no gestational limit” label but also uses “viability” as the cutoff for other states, showing California, New York, and Washington as using viability rather than an absolute ban [3]. These discrepancies show the term “no gestational limit” is applied differently across compilations and may reflect differences in data collection dates, statutory language, or classification methodology [2] [3].
2. How exceptions and “viability” blur the practical picture of late-term access
All analyses emphasize that statutory language on gestational limits does not capture the full legal reality because health, life, and viability exceptions permit later abortions even where a fixed cutoff exists. Multiple summaries note that every state allows abortion when the pregnancy threatens a woman’s life or health, and many statutes define exceptions differently—some using “viability” (often cited around 24 weeks) while others retain broad medical judgment standards [1] [4] [3]. This means that a state listed as having a 20-week limit may nevertheless permit procedures at later gestations for severe maternal health risks or fatal fetal anomalies, so the practical availability of late-term abortion care depends on statutory exceptions, clinical practice standards, and enforcement realities rather than only the numeric cutoff [2] [5].
3. Geographic and categorical patterns: what the sources agree on
Across the supplied material there is agreement that a subset of states and D.C. are classified as offering the broadest statutory access—often labeled “no gestational limit” or “expanded access”—while other states impose early bans, viability standards, or restrictive exceptions. One analysis explicitly groups states into five policy categories (Expanded Access, Protected, Not Protected, Hostile, Illegal) and reports that 21 states plus D.C. protect the right to abortion under those categorizations, without producing a single definitive list of late-term approvers [6]. KFF-derived tables and policy trackers repeatedly underscore the patchwork nature of U.S. law: some states have no numeric limits, others use viability, and numerous states have bans or early limits with varying exception scopes, creating regional variability in late-term availability [3] [5].
4. Dates, data updates, and why lists diverge over time
The supplied analyses span different publication timestamps and data snapshots, with KFF items dated May 2024 and August 2025 among the cited entries, and other items lacking explicit dates [2] [3]. The differences in named states reflect data updates, changing state laws, and differing classification rules used by compilers—some list statutes strictly by numeric gestational limits, others incorporate exemptions or case law; some label “no limit” where statutory text is absent while others interpret “viability” or broad health exceptions as functional equivalence. These temporal and methodological variations explain why one compilation names eight states and D.C., while another lists a longer roster of states with no explicit cutoff [1] [2].
5. Bottom line: what a careful reader should take away
The central factual takeaway is that there is no single, uncontested federal list of states that “approve late-term abortion” because legal definitions, exceptions, and data updates differ materially across sources. Multiple supplied analyses converge on the reality that several states and D.C. report no statutory gestational limit and that nearly all states permit later procedures under health or life exceptions; yet exact state-by-state labeling varies by dataset and date [1] [2] [5]. Readers seeking definitive, current state status should consult the most recent, authoritative legal trackers and examine statutory language on gestational limits, viability standards, and explicit exception clauses to understand where late-term abortion is legally permissible in practice [6] [3].