Rethinking Abortion Laws: The Limitations of Fetal Viability Focus and Women's Real Experiences

During the 2024 election cycle, political debates around abortion frequently centered on fetal development, such as whether the fetus has a heartbeat, can feel pain, or is capable of surviving outside the womb. These markers are often used in U.S. laws to restrict access to abortion services, especially after certain gestational points like viability. However, such legal definitions are not rooted in scientific or medical realities but stem from legal and political frameworks that overlook the lived experiences and needs of pregnant individuals.

Fetal development markers, promoted as criteria for abortion restrictions, are highly variable and influenced by numerous factors—including fetal weight, genetics, sex, and the availability of neonatal care. For example, viability at 24 weeks gestation is not guaranteed; only about half of infants born at this stage survive long-term, and many face serious disabilities or health challenges. This variability questions the appropriateness of laws that rigidly define viability without considering individual circumstances.

Research involving women who sought abortions after 24 weeks reveals that their decisions are rarely about fetal development markers. Instead, their concerns often focus on the child's quality of life, suffering, and their own health risks. Women have reported situations where the fetus had severe health conditions incompatible with a meaningful or pain-free life, prompting them to seek termination to prevent suffering or protect their health.

Historically, laws based on fetal development markers have contributed to limiting access to abortion, leaving many women to face delays or denial—sometimes at the cost of their physical and mental health. These restrictions are especially concerning when they ignore emergency obstetric situations, where maternal health is at risk. For example, women with medical conditions that endanger their lives may be forced to carry pregnancies with known fatal or harmful outcomes, simply because legal thresholds focus on fetal viability.

Fetal viability is not a fixed point but a complex, variable reality. Medical advancements show that survival chances and health outcomes depend on numerous factors beyond gestational age. Women whose pregnancies involve serious fetal health issues frequently find that laws based solely on viability are disconnected from their actual experiences, leading to unnecessary suffering and trauma.

Overall, focusing exclusively on fetal viability diminishes the importance of women's health, autonomy, and individual circumstances. Laws should prioritize the well-being and rights of pregnant individuals rather than rigid thresholds rooted in political or outdated medical notions, ensuring that care is compassionate, individualized, and legally accessible.

Source: https://medicalxpress.com/news/2025-05-abortion-laws-focusing-fetal-viability.html