Restrictions

Massachusetts generally restricts abortion at twenty-four weeks LMP,^[1]MASS. GEN. LAWS ch. 112, § 12M. Massachusetts law generally requires that one parent or guardian or a judge consent to a minor’s abortion if the young person is under 16.^[2]Id. § 12R.

Massachusetts law requires providers to report certain abortions to the state.^[3]Id. § 12Q. Massachusetts law restricts the provision of abortion care at twenty-four weeks of pregnancy to licensed physicians and to circumstances where the patient’s life or health is at risk or the fetus has a lethal genetic anomaly.^[4]Id. § 12N.

Protections

Massachusetts law includes constitutional protections for abortion. In 1981, the Massachusetts Supreme Court held that the due process protections of the state constitution protect abortion.^[5]Moe v. Sec’y of Admin. & Fin., 382 Mass. 629, 645-648, 417 N.E.2d 387, 397-99 (Mass. 1981); Planned Parenthood League of Mass. v. Attorney General, 677 N.E.2d 101, 103-04, 107-08 (Mass. … Continue reading Massachusetts state law also protects the right to abortion.^[6]Mass. Gen. Laws ch. 112, § 12L. Massachusetts affirms the right of physicians, physician assistants, nurse practitioners, and nurse midwives to provide abortions before twenty-four weeks of pregnancy.^[7]Id. § 12M. Massachusetts provides public funding for abortion care.^[8]Moe, 382 Mass. at 629. The state protects clinic safety and access by prohibiting obstruction and providing a buffer zone.^[9]MASS. GEN. LAWS ch. 266, §§ 120E (preventing obstruction), 120E 1/2 (providing a buffer zone).

Laws that could be enforced if Roe v. Wade is limited or overturned

Massachusetts repealed its pre-Roe ban in 2018.^[10]MASS. GEN. LAWS ch. 272, § 19, repealed by S.B. 2260, 190th Gen. Assemb., Reg. Sess. (Ma 2018).

Conclusion

If Roe v. Wade is limited or overturned, abortion will remain legal in Massachusetts.