Legal abortion is usually defined in terms of the mother's convenience.
Convenience: the state of being able to proceed with something with little effort or difficulty.
Viable: Capable of living or of developing into a living thing
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Details on State Abortion Laws
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Details on State Abortion Laws
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Illegal Abortion
In no state is unrestricted abortion legal. About twenty states define an illegal abortion in terms of the definition of a legal abortion; for example, Hawaii defines an illegal abortion as failure to meet the criterion of a legal abortion. (The definition of a legal abortion, in Hawaii, is simply the destruction of a nonviable fetus.) About fifteen states, however (predominantly in the East and the South) do define illegal abortions without reference to legal instances of abortion. Of these states, only some have specific statutes defining an illegal abortion; others merely define a legal abortion and impose penalties for their violation. The remaining states have definitions that specifically mention the limits of when an abortion is acceptable. For example, West Virginia defines an illegal abortion as any activity "with intent to destroy an unborn child or produce abortion [or] if mother dies unless to save the mother."
Legal Abortion
Legal abortion is usually defined in terms of the mother's convenience or health. Though few definitions mention the life or health of the fetus, many refer to its "viability" as a standard for when an abortion may be performed with impunity, and without further attempt to define the term. These definitions are objective in that specific time parameters are set, outside of which an abortion cannot legally be done, absent exigent circumstances. The most unrestrictive of all definitions occur in Hawaii and Alaska, where a legal abortion is an abortion on "any nonviable fetus." After viability has been established, most states give additional instances when abortion may be legal: to save the life of the mother or if there are severe defects present in the fetus.
State of the Statutes
Prior to 1973 and the Roe v. Wade decision by the Supreme Court (410 U.S. 113 (1973), the regulation of abortion was left to the states. In Roe v. Wade, the Supreme Court decided that the Constitution protected a woman's right to abortion, a novel right said to be found in the unstated right to privacy, from state regulation during the first trimester of pregnancy. However, the Court also held that the states have an "important and legitimate interest in protecting the potentiality of human life." The abortion controversy has revolved around the states' consequent attempts to protect unborn life. The Supreme Court's patchwork of opinions following Roe has left abortion a highly unsettled area of law. Many statutes reflect state attempts at balancing a woman's right to choose an abortion with the state's compelling interest in protecting fetal life.
The statutes in this chapter are as they currently appear in the state codes. Interestingly enough, some of the statutes may be unconstitutional if challenged, based on prior Supreme Court rulings. Following are the general areas of abortion legislation and the Supreme Court's treatment of each:
Parental Consent. States may require a minor seeking an abortion to obtain the consent of a parent or guardian as long as there is an adequate judicial bypass procedure.
Informed Consent. A state may require a physician to provide a woman with such information such as alternatives to abortion, sources of financial aid, development of the child, and the gestational age of the child. Prior to 1992, informed consent provisions were unconstitutional.
Spousal Consent. A state may not require a married woman to obtain her husband's consent before undergoing an abortion.
Abortion Method. A state may not require the physician performing the abortion to use the technique providing for the best opportunity for the unborn child to survive the abortion.
Second Physician. A state may not require that a second physician attend the abortion to take immediate control of the care of a child born alive in an abortion unless the provision has an exception for a situation when the health of the mother was endangered.
Waiting Period. A twenty-four hour waiting period does not constitute an undue burden on a woman's decision to abort and, therefore, is constitutional. Prior to 1992, waiting period requirements were unconstitutional.
Parental Notice. A state may require that one parent be notified of a minor's abortion, but not two.
Fetal Remains. States may not require that the remains of the unborn child are disposed of in a "humane and sanitary" manner as it may suggest a mandate for some sort of "decent burial."
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(A baby is viable and capable of living or of developing into a living human being. A woman's convenience should not be a reason to murder an unborn child.
A baby is precious and is known by GOD before being formed in the womb.
People who kill babies will be judged by GOD for their sin if they don't repent and ask GOD for forgiveness. People who are idle and don't speak out against abortion will also be judged by GOD. This is but one of the many reasons America is being judged today.) Story Reports
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Abortion and the Bible
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Psalm
139:13 For thou hast possessed my reins: thou hast covered me in my mother's womb.
139:14 I will praise thee; for I am fearfully and wonderfully made: marvellous are thy works; and that my soul knoweth right well.
139:15 My substance was not hid from thee, when I was made in secret, and curiously wrought in the lowest parts of the earth.
139:16 Thine eyes did see my substance, yet being unperfect; and in thy book all my members were written, which in continuance were fashioned, when as yet there was none of them.
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REV 20:12 And I saw the dead, small and great, stand before God; and the books were opened: and another book was opened, which is the book of life: and the dead were judged out of those things which were written in the books, according to their works.
REV 20:15 And whosoever was not found written in the book of life was cast into the lake of fire.
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Psalm
22:9 But thou art he that took me out of the womb: thou didst make me hope when I was upon my mother's breasts.
22:10 I was cast upon thee from the womb: thou art my God from my mother's belly.
100:3 Know ye that the LORD he is God: it is he that hath made us, and not we ourselves; we are his people, and the sheep of his pasture.
Job
31:15 Did not he that made me in the womb make him? and did not one fashion us in the womb?
Isaiah
44:2 Thus saith the LORD that made thee, and formed thee from the womb, which will help thee; Fear not, O Jacob, my servant; and thou, Jesurun, whom I have chosen.
49:5 And now, saith the LORD that formed me from the womb to be his servant, to bring Jacob again to him, Though Israel be not gathered, yet shall I be glorious in the eyes of the LORD, and my God shall be my strength.
Jeremiah
1:4 Then the word of the LORD came unto me, saying,
1:5 Before I formed thee in the belly I knew thee; and before thou camest forth out of the womb I sanctified thee, and I ordained thee a prophet unto the nations.
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139:16 Thine eyes did see my substance, yet being unperfect; and in thy book all my members were written, which in continuance were fashioned, when as yet there was none of them.
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(This is powerful evidence from GOD'S Word that before anyone is born GOD knows us!
GOD has a book of you and me before we are born. It contains everything about us before and after birth!
The sin of abortion cannot be justified. Murder cannot be justified.) Story Reports
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REV 20:12 And I saw the dead, small and great, stand before God; and the books were opened: and another book was opened, which is the book of life: and the dead were judged out of those things which were written in the books, according to their works.
REV 20:15 And whosoever was not found written in the book of life was cast into the lake of fire.
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What Does It Mean To Be Born Again?
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