Abortion is legal up to six weeks of pregnancy, with exceptions allowing up to 15 weeks in cases of rape, incest, or life-threatening medical conditions. This limit took effect under Florida abortion law, on May 1, 2024, replacing the previous 15-week limit.
Many women who are dealing with unwanted pregnancies miss the six-week window for abortion. Because of this, abortion is no longer a viable option for the birth mother. At Florida Adoptions, we specialize in helping expectant mothers educate themselves on their options.
In this article, we’ll cover everything about Florida’s abortion laws and what options are available depending on your case.
Understanding Florida Abortion Ban
The Florida abortion law text states: “The bill prohibits abortion after six weeks of gestation unless an exception is met.”
Under the Heartbeat Protection Act, effective May 1, 2024, abortion is illegal beyond six weeks, except in cases of rape, incest, human trafficking (with documentation), or life-threatening conditions.
Many lawmakers tried to pass Amendment 4, which sought to protect abortion rights under the Florida Constitution stating: “No law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider.”
Although 57% of voters supported it, the amendment fell short of the 60% required for constitutional changes, leaving the six-week limit in place.
Since the law took effect, clinician-provided abortions in Florida have dropped significantly. Data from the Guttmacher Institute shows a 30% decrease in abortion procedures in May 2024 and a 35% decrease in June 2024 compared to the months prior.
Despite the restrictions, lawmakers and reproductive rights advocates continue to repeal and pursue legal action against the six-week limit and privacy rights.
Pre-Abortion Requirements in Florida
The following are the pre-abortion requirements, according to the Heartbeat Protection Act:
1. Gestational Limit
You’re only permitted to have an abortion for up to six gestational weeks, except if you’re in a life-threatening situation such as death or serious physical injury.
The gestational age is calculated from the first day of a woman’s last menstrual period (LMP), which is about two weeks before conception occurs.
For example, if a woman’s LMP began on January 1st, and she conceived around January 14th, her gestational age still starts from January 1st. By the time she misses her period on January 28th, she is already four weeks pregnant and can get an abortion.
Many women don’t realize they’re pregnant by 6 weeks and securing an appointment can take time. They may already be past the legal limit by the time they seek abortion.
2. Mandatory Waiting Period
You need to attend two in-person doctor appointments at least 24 hours apart. In the first visit, doctors will provide counseling, which includes discussing the procedure, potential risks, and alternatives such as adoption.
The physician also performs a pre-procedure ultrasound to determine the gestational age and viability of the pregnancy and reviews it with you.
After this, you wait 24 hours before the doctors perform the abortion.
3. Parental Consent for Minors
Florida law requires minors under 18 to obtain written consent from a parent or legal guardian before performing an abortion.
4. Documentation for Exceptions
According to law, you can get an abortion for up to 15 weeks in cases of rape, incest, or human trafficking. You need to provide documentation such as a restraining order, police report, medical record, or other court order.
If you do not have documentation, getting an abortion past the six-week period is incredibly difficult and unlikely. If you find yourself in this situation, it’s best to start considering other options, including adoption. If you’re currently in Florida and considering giving up your baby for adoption, Stephanie White can help you! She’s available 24/7 by text or phone at (850) 610-4166.
5. In-Person Dispensation of Medication
If a doctor approves of medication abortion rather than surgery, they must give you abortion pills in person. Telemedicine appointments and mail delivery are not allowed in Florida. This restriction makes access to abortion medication more difficult, especially for those who live far from a clinic.
6. Fatal Fetal Abnormality
You can get abortion access if two physicians certify fatal fetal abnormality. According to Florida law, a “fatal fetal abnormality” is defined as a terminal condition that, in reasonable medical judgment, is incompatible with life outside the womb and will result in death upon birth or after birth.
Health Risks For Illegal Abortion
Due to the abortion ban, many women opt for unsafe procedures, which can cause serious health risks and life-threatening complications, such as:
- Severe hemorrhage: Unsafe procedures cause excessive bleeding, which quickly becomes life-threatening without proper medical attention.
- Infections & sepsis: Physicians may use contaminated tools or perform surgery under unsanitary conditions that cause deadly infections.
- Uterine perforation & internal injuries: Untrained hands puncture the uterus, cause internal bleeding, and damage nearby organs.
- Genital trauma & fistulas: Women insert twigs, coat hangers, or herbal mixtures into the vagina or cervix, causing permanent damage, chronic pain, and incontinence.
- Organ failure & poisoning: Some drink toxic substances like turpentine, bleach, or manure, leading to organ failure and death.
- Infertility or long-term damage: Many lose their ability to have children, suffer chronic pelvic pain, or develop lifelong complications.
Legal Penalties for Illegal Abortion in Florida
The Heartbeat Protection Act imposes strict regulations on healthcare providers, making performing an abortion a third-degree felony with up to five years in prison and a $5,000 fine.
However, the law does not clearly exempt pregnant individuals, raising concerns that women seeking abortions past the legal limit could face prosecution.
Alternatives for Pregnant Women in Florida
If you’re past the gestational limit, you can look for the following alternatives:
1. Adoption Options
If abortion seems difficult, you can look for a family waiting to adopt in Florida. The process is simpler than you think, and Stephanie at Florida Adoptions can guide you every step of the way.
You can choose private adoption or choose to place your child in foster care. If you choose private adoption, you can also decide between open adoption, where you stay in contact with the child, or closed adoption, where records remain confidential.
Adoption benefits include free therapy and counseling while adoptive parents can cover pregnancy-related expenses to offset financial burdens.
Choosing adoption must be your own decision. No one should ever coerce or force you into choosing adoption. Also, you must wait 48 hours after the birth of the child, to legally consent to the adoption.
A great benefit of adoption is the strong support system that you find. Many birth mothers build lasting relationships with adoptive families.
2. Parenting Resources and Support
If you choose to parent, Florida provides various support programs and resources during pregnancy and beyond.
Financial assistance programs like Medicaid for Pregnant Women, WIC (Women, Infants, and Children), and Temporary Assistance for Needy Families (TANF) help cover healthcare, nutrition, and basic needs.
Many clinics and nonprofits offer prenatal care, parenting classes, and baby essentials to assist new mothers.
Under Florida’s Safe Haven Law, you can also safely surrender a newborn (up to 7 days old) at hospitals or fire stations without facing criminal charges. This is a safe alternative for those unable to care for a child.
FAQs
What is the cutoff for abortions in Florida?
In Florida, the cutoff for abortions is six weeks of pregnancy, as mandated by the Heartbeat Protection Act, which took effect on May 1, 2024. But there’s no gestational limit if the pregnancy endangers the mother’s life or involves a fatal fetal abnormality.
Are abortion pills legal in Florida?
Yes, abortion pills are legal in Florida but only up to six weeks of pregnancy. They must be dispensed in person by the attending doctor.
What is Florida’s 15-week abortion ban lawsuit?
Florida’s 15-week abortion ban faced a lawsuit arguing it violated the state’s constitutional right to privacy. In April 2024, the Florida Supreme Court upheld the ban, allowing the stricter six-week ban to take effect in May 2024.
Final Thoughts: Making the Right Choice
With Florida’s 6-week abortion ban, many women face limited options when dealing with an unplanned pregnancy. The good news is that safe, legal options exist that can help birth mothers and their babies live long, healthy lives.
If you feel like adoption is the right path, legal professionals and adoption attorneys can guide you through the adoption process. You can choose a loving family for the baby, receive financial assistance for medical and pregnancy-related costs, and access free counseling to help you through the process.
In the end, the choice is still yours. But you don’t have to go through this alone—help is available, and you have options.
Florida Adoptions
Florida Adoptions is a Pensacola-based hands-on practice with a legal team of experts. We help expectant mothers understand their legal rights and available options. Our team also deals with private placements of infants and children and assists with child adoption, adult adoption, step-parent adoption, relative adoption, and foster care adoption.
Get in Touch
Whether you need assistance with abortion rights, adoption, legal paperwork, or alternative solutions, we are here to guide you.
Reach out today at (850) 610-4166 or send us an email at stephanie@fladoptions.com to know more about how we can support you through the abortion process in Florida.
