Massachusetts is poised to grant physicians the final authority to determine whether an abortion can be performed late in pregnancy, following the state Senate’s approval of a bill sent to Governor Maura Healey for her signature. The proposed legislation removes specific requirements now limiting late-term abortions and instead allows such procedures based solely on a doctor’s professional judgment.

Under current Massachusetts law, abortion is permitted up to 24 weeks of pregnancy. After that point, abortions can only occur if a physician determines they are necessary to preserve a woman’s life or physical or mental health, to address a lethal fetal anomaly, or if the fetus is unlikely to survive outside the womb. However, supporters of the bill argue that hospitals have sometimes denied late-term abortions even when medical circumstances warranted them. State Representative Christine Barber cited cases where women were turned away despite severe fetal complications, including instances where a fetus suffered a stroke and was unlikely to survive.

The new legislation would eliminate the enumerated medical conditions now listed for late-term abortion eligibility, instead leaving the decision entirely to a physician’s discretion. Advocates contend this change is needed to ensure women can access the care their doctors deem necessary, especially in complicated and rare cases late in pregnancy.

Opponents of the bill express concern that it would allow abortion up to birth, including for healthy fetuses, and argue that late-term abortions carry higher medical risks for women. Myrna Maloney Flynn, president of Massachusetts Citizens for Life, urged lawmakers to reject the bill, stating that it prioritizes access over women’s safety.

If enacted, the law would mark another significant development in Massachusetts’ approach to abortion in the wake of the 2022 Supreme Court decision that overturned Roe v. Wade. Since that ruling, many states have imposed strict abortion bans or restrictions, including gestational limits as early as six weeks in some cases. In contrast, several states controlled by Democrats, including Massachusetts, have pursued measures to protect abortion rights and providers, including laws shielding physicians who prescribe abortion pills via telehealth to patients in states where the procedure is banned.

While abortion legislation in 2024 has generally focused on modest regulatory adjustments nationwide, Massachusetts remains among the most permissive states. Similar recent laws include Colorado’s requirement for student health centers at colleges to provide abortion pills starting in 2027, and Oklahoma’s statute criminalizing the sale or purchase of abortion medication for unauthorized abortions.

The bill’s proponents maintain that giving physicians the final decision-making role in late-term abortions will address current gaps in access and reflect best medical practices, while opponents argue it raises significant ethical and safety concerns. The bill now awaits Governor Healey’s consideration.