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Who Not When: Reporting on Abortion Later in Pregnancy
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Reporting on Abortion Later in Pregnancy

Reporting on Abortion Later in Pregnancy
A resource for journalists from Who Not When

 

Most Americans do not have personal experiences with abortion later in pregnancy, therefore media coverage has a significant impact on public attitudes and policy agendas.

This guide aims to help challenge biases and inform accurate, responsible reporting on abortion later in pregnancy and related issues.

Part 1: Level Set

On “Neutral Framing”

Journalists with experience covering abortion have expressed a sense of high stakes and struggles with neutral framing [ANSIRH].

Some may feel pressure to represent “both sides” in their coverage. This can lead to a “false balance,” where opposing viewpoints are presented as equally credible, despite evidence to the contrary. This has led to overly-politicized framing of abortion, the mainstream adoption of political rhetoric, and the publishing of medically inaccurate information [Woodruff].

Providing a platform for disinformation is not neutral.

Most Americans are uninformed or misinformed about abortion and reproductive biology in general. This context is critical for anticipating how readers will digest and respond to coverage.

A majority of Americans (69%) think most abortions occur 8 weeks or later into pregnancy. According to the CDC, nearly all abortions (92%) are performed in the first trimester, with most (80%) performed under nine weeks gestation [KFF, CDC].

Explain things where possible and do not assume readers understand basic facts about abortion or pregnancy.

Describing Abortions Later in Pregnancy 

Generally, it is best practice to use established clinical terminology to describe abortion care—see ACOG’s Guide to Language and Abortion [ACOG]. But the terms “later abortion,” “abortion later in pregnancy,” and “late-term abortion” are not clinical terms. When describing abortions that occur later in pregnancy, different groups may define or understand “later” based on their perspective.

The phrase “late-term abortion” is inaccurate and misleading. It was adopted by anti-abortion advocates as an intentionally inflammatory phrase.

In November 2022, the AP Stylebook offered the following:

“Do not use the term late-term abortion. The American College of Obstetricians and Gynecologists defines late term as 41 weeks through 41 weeks and 6 days of gestation, and abortion does not happen in this period.

Instead, use the term abortion later in pregnancy if a general term is needed, but be aware that there are varying definitions of the time period involved. Be specific when possible: abortions after XX weeks when XX is known in the context of the specific story.

Most U.S. abortions take place in the first trimester. By some definitions, any abortions after that — at 13 weeks or later in pregnancy — are considered later abortions. Others use the term for abortions that occur at about 20 weeks or later, or near the time when a fetus is considered viable.”

Many laypeople still use “late-term abortion” to describe abortions later in pregnancy–including people who get them. Nevertheless, journalists should never use “late-term abortion” unless they are quoting someone. We recommend following AP Stylebook’s guidance to use specific weeks or “abortions later in pregnancy.” We also use “later abortion.”

Try to be specific when talking about abortion later in pregnancy. Readers may be working with different definitions and levels of understanding.

*This resource will generally refer to abortions after the first trimester as later abortion*

What’s important to know about abortion later in pregnancy?

A NOTE ABOUT THE UBIQUITOUS “1%” STAT

According to the Center for Disease Control’s annual Abortion Surveillance Report, approximately 1% of abortions occur at or after 21 weeks in selected reporting areas. This is widely misinterpreted as meaning that about 1% of all abortions occur after 21 weeks. The “selected reporting areas” is key to avoiding misinterpretation of this statistic.

The 41 selected reporting areas providing gestational data do not include a number of states and Washington D.C. These states represent about one third of the U.S. population. And in each of these states, abortions are legal beyond 21 weeks: California, Connecticut, District of Columbia, Illinois, Maryland, Massachusetts, New Hampshire, New Jersey, New York State (although NYC is included), Pennsylvania, and Wisconsin. Further, we know abortions are provided beyond 21 weeks in almost all of these places. Many, like California, Maryland, and Illinois are destinations for abortion seekers who have to travel from nearby states with more restrictive gestational bans.

Researchers do agree the frequency of abortions falls off precipitously with each week of pregnancy. While later abortions are uncommon compared to earlier abortions, there are thousands of people who obtain this care every year, and likely thousands more for whom it is out of reach.

What has changed since Roe was overturned?

Why do people seek abortions later in pregnancy?

Abortions after the first trimester are expensive, difficult to reach, and highly stigmatized. And yet people move mountains to get them.

People seek abortions later in pregnancy for the same reasons they do earlier in pregnancy, but many are not able to access care as soon as they would like due to compounding delays [Biggs].

Research suggests that abortions take place later because of two factors, often working in combination [Kimport]:

These “two paths” that have been identified are helpful for understanding how people find themselves seeking abortion care later in pregnancy. This should replace inaccurate framing that “most later abortions happen due to a tragic fetal diagnosis,” a persistent claim that is not supported by data or research.  

Part 2: Five Things to Keep in Mind

1. We’re Talking About Bans

Abortion is most often covered as a political issue, and the debate is over its legality.  Polls on abortion ask whether it should be legal [AP NORC, Gallup, Pew] with a question like this one:

 

"Do you think abortion should be legal in all cases, legal in most cases, illegal in most cases, or illegal in all cases?"

By focusing on the legality, this question is actually about abortion bans.

Abortion bans are common 

Most states have banned abortion at some point, with 41 states having enacted gestational age or viability bans as of 2024. Hundreds of other restrictions move through statehouses each year [Guttmacher].

A lot of reporting on abortion fails to include the impact of abortion restrictions, and particularly bans based on gestational duration or potential fetal viability. These policies should not be taken for granted or go unexamined by journalists.

Bans don’t solve problems

Abortion bans do not prevent the need for abortions or address the reasons people seek them in the first place. They do nothing to address underlying economic, social, or environmental conditions that shape pregnancy decisions, and in fact serve to exacerbate them.

Bans cause delays

In fact abortion restrictions and bans push abortion seekers later into pregnancy, creating more need for later abortion care, when care is more expensive and harder to access [White, Finer].

Bans create pressure

Drawing strict lines on abortion access can pressure pregnant individuals to make decisions before they are ready or able to gather all of the information they need to make their decisions [Farrell].

Bans cause harm

Bans prevent people from being able to get a desired abortion, either directly by prohibiting care or indirectly by increasing burdens that push care out of reach.

Researchers have found that being denied a wanted abortion leads to adverse outcomes when compared to those who were able to receive abortion care. Abortion seekers are right to be concerned about how pregnancy and parenthood might impact their lives and their families [ANSIRH].

Compared to people who can obtain a desired abortion, people denied a wanted abortion who must carry an unwanted pregnancy to term [ANSIRH]:  

Bans exacerbate inequity

Abortion restrictions disproportionately impact groups that are already over-criminalized and socioeconomically disadvantaged: Black women, young people, and people with low incomes. Abortion bans exacerbate existing health disparities along the lines of race and class [Dehlendorf, Uphadyay, Mosley].

Bans criminalize pregnancy

By enshrining a controlling State interest in potential fetal life, bans create pathways to the control and criminalization of pregnant people beyond abortion care. People who are in groups already over-policed and surveilled are routinely criminalized for behaviors while pregnant and punished for pregnancy outcomes including miscarriage and stillbirth [NAPW, Interrupting Criminalization, Guttmacher, NY Times].

On Exceptions

Abortion bans with exceptions for nonviability, rape, or incest would seem to satisfy many people’s concerns about later abortion. However, as articulated by Elizabeth Nash of The Guttmacher Institute, exceptions don’t work:

Anti-abortion policymakers see exceptions as loopholes and designed them to be difficult if not outright impossible to use even for the few who qualify under their narrow limits. Rather, exceptions function mainly as PR tools to make abortion bans seem less cruel than they are and distract from the inhumanity of the ban itself. [Guttmacher].

When covering abortion later in pregnancy and its legality, focus on abortion bans and their very real, very measurable impact. Proponents of bans should be held accountable for their impact.

2. Individuals v. Systems

Social, economic, and environmental conditions influence pregnancy decisions along with a range of other health outcomes. Most abortion seekers, no matter the gestation of their pregnancy, cite that these social determinants of health drove their decision to get an abortion [Biggs]. Abortion seekers are concerned about their well-being and that of their families, and research has validated their concerns [ANSIRH].

People of color, people who are relatively young, people with lower incomes, and people with less education have been found to seek abortions later in pregnancy at higher rates [Jones, Foster, Drey].

Most people who obtain a later abortion would have preferred to access an abortion earlier. Contrary to popular rhetoric, patients do not wait. Rather, they are delayed. The same factors linked to health disparities more broadly are linked to delays when trying to obtain abortion care [Foster]. The effects of bans and barriers that cause delays are not experienced equally.

Opposition to later abortion often comes down to judgment of a hypothetical individual absent consideration of their circumstances or the systemic factors at play. Accessing an abortion as soon as you would like or parenting in a safe environment with dignity– these are opportunities not available to everyone, and they are unequally distributed.

When talking about later abortion, including systemic factors and underlying inequities that influence reproductive choices is critical. It ensures people get the full picture. 

3. Later Recognition of Pregnancy

Why do most people seek abortions later in pregnancy? The largest delaying factor for most later abortion patients is later recognition of pregnancy [Drey, Foster].

Mean gestational age at time of pregnancy awareness is around 5.5 weeks and the majority of pregnancies (77%) are discovered by 7 weeks [Branum]. On the other hand, a majority (67%) of people who seek abortions after 20 weeks discovered their pregnancy after 8 weeks, with the average being about 12 weeks [Foster].  A German study found that 1 in 475 pregnancies is discovered after 20 weeks [Wessel].

People who discover their pregnancies later aren’t denying their pregnancies or waiting; they’re simply not aware that they are pregnant and miss the opportunity to get an abortion in the first trimester. This can happen for many different reasons, and sometimes factors that contribute to later discovery intersect and compound each other [Who Not When].

Disparities in pregnancy awareness align with disparities in unintended pregnancy, abortion, and other health outcomes.

When discussing why people seek abortions later in their pregnancy, be sure to include later pregnancy recognition to help readers connect the dots.

4. Fetal Diagnosis Myth

A pervasive myth about later abortion is that they are mainly sought in cases of severe fetal impairment or where there is a risk to the pregnant person’s physical health. This is simply not true.

To be specific, this is not true when describing second-trimester abortions or abortions between 20 weeks and 28 weeks [Foster]. With regard to abortions in the third trimester, quantitative data on the distribution of why patients seek care is not available. However there is no evidence to suggest that abortions later in pregnancy are mostly sought for narrowly-defined maternal or fetal health indications.

This myth contributes to a hierarchy of deservedness around later abortion care. It stigmatizes people seeking care absent fetal diagnoses who represent the majority of later abortion seekers.

This myth also exacerbates ableism. Pregnancy decision-making occurs within an ableist society. The notion that later abortion is only morally acceptable after receiving a diagnosis of a fetal impairment suggests that an eventual disability is inherently a catastrophic outcome. Disability rights advocates have rightfully taken issue with this framing, often while defending the right to abortion outright based on principles of self-determination and bodily autonomy [Women Enabled, Sins Invalid, Cokely, Toscano].

 

There are certainly pregnant people who receive a diagnosis of a fetal impairment who then choose to seek an abortion. While these experiences do not represent the majority of later abortion seekers, they too are affected and harmed by abortion bans [Farrell, Peterson].

And finally, the myth that most later abortions are sought for fetal diagnoses disguises the impact of abortion bans. Most bans have narrow exceptions for rape, physical health risks, and fetal diagnoses. If people believe that later abortion seekers are covered by these exceptions, they may not understand how many people are impacted by time-based abortion bans. 

When covering abortion later in pregnancy, avoid propagating the myth that most later abortions are sought after a fetal diagnosis. Be wary of framing that reinforces a hierarchy of deservedness.

5. On “Compromise” in Abortion Law and Policies 

Most people seem to recognize the need for abortion care, but seek to balance this with their concerns about post-viability abortion care. Americans have sought to manage these conflicting feelings with a sort of compromise by banning abortion at some point later in pregnancy.

For an abortion seeker however, their ability to access an abortion is binary. They are either able to obtain the abortion they need or not. And the consequences are profound.

The harms of denying someone an abortion are measurable. Depriving someone of the right to bodily autonomy and to control the course of their life violates their human rights and dignity [SisterSong, Erdman, WHO, OHCHR].  

Pregnant people tend to view their pregnancies differently as they progress. Factors like potential fetal viability and the possibility of fetal pain may become important factors considered by patients and providers, but they are not the only concerns that drive decision-making during a pregnancy.

The question at hand in abortion bans is whether these complicated issues should be navigated by the individual moral judgment of those affected or by the State’s enforcement of an absolute moral judgment.

Viability as a Legal Standard

After 1973, A number of states adopted Roe’s viability framework, where abortion is legal up to potential fetal viability, and then prohibited after that point, with supposed exceptions. Potential fetal viability is a vague concept with no clinical definition. It is loosely understood to refer to a point when a fetus could likely survive outside the uterus, albeit with medical intervention, should birth occur. ACOG and other medical organizations and physicians groups do not support the reliance on potential fetal viability to regulate or prohibit abortion care. ACOG addresses viability in policy directly [ACOG].

Potential fetal viability is, at best, an estimate based on a number of factors particular to a specific pregnancy, which are compared to available statistical data about premature birth outcomes [ACOG, NICHD]. Some of these factors are themselves estimates, like estimated gestational duration, which is accurate to between two weeks and two months, depending on when and how an obstetric estimate is made [ACOG]. Whether a particular pregnancy is viable may depend on what level NICU is available or other external factors. Potential fetal viability is not a fixed point in fetal development that can be determined with any accuracy, it is a presumption.

As the basis for a legal standard meant to be a bright-line rule, the vagueness of potential fetal viability is problematic (and potentially unconstitutional) given what is at stake for patients and providers.

Bans are the Wrong Response to Discomfort

Ultimately conflicts between concern for the fetus and concern for the pregnant person cannot be resolved by punishment– by denying people abortions and criminalizing the provision of care. The State’s carceral response to these questions, rooted in notions of guilt and punishment, are contrary to medical ethics and public health principles.

When covering abortion later in pregnancy, evaluate any proposed compromise based on the impact on people affected by it.

Part 3: Resources

Quick Coverage Considerations

Further Education, Information and Expertise

Who Not When: People-centered resource on later abortion

Guttmacher: Trusted information, data, and analysis

Physicians for Reproductive Health: Reporter resource

Interrupting Criminalization: Resource on decriminalizing abortion

The Turnaway Study/ANSIRH: Longitudinal study on abortion seekers

Later Abortion Initiative: Later abortion research, policy, provision

Kaiser Family Foundation (KFF): Facts on later abortion


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Who Made This? 

Who Not When is made and maintained by Patient Forward, a Project of NEO Philanthropy. Patient Forward is a strategy and advocacy organization working to ensure abortion is safe, affordable and accessible for everyone—as early as possible and as late as necessary.

We are fighting for a future where everyone who wants an abortion can get one without delay, without judgment, and without going broke.

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