Therapeutic Abortion | Practical Law

Therapeutic Abortion | Practical Law

Therapeutic Abortion

Therapeutic Abortion

Practical Law Glossary Item w-035-9434 (Approx. 3 pages)

Glossary

Therapeutic Abortion

Also known as a medically necessary abortion. An abortion that is performed when the pregnancy threatens the life or health of the pregnant woman. In some cases, an abortion may also be considered therapeutic when:
  • The pregnancy results from rape or incest.
  • The fetus has a severe abnormality.
In Q&A guidance addressing the Pregnancy Discrimination Act of 1978 (PDA), the Equal Employment Opportunity Commission (EEOC) took the view that insured health plans are not required to cover expenses arising from abortion unless either:
  • The mother's life would be endangered if the fetus were carried to term.
  • Medical complications have resulted from an abortion.
More recently, the Supreme Court in June 2022 overruled its longstanding decisions recognizing a right to abortion under the federal Constitution (Roe v. Wade and Planned Parenthood v. Casey) (Dobbs. v. Jackson Women's Health Org., 142 S. Ct. 2228 (2022)). The Dobbs Court upheld a Mississippi law banning elective abortions of fetuses with a gestational age of at least 15 weeks and concluded that regulation of abortion must be returned to the states.
For more information, see: