Florida New Abortion Law

Effective July 1, 2022, pursuant to House Bill 5 titled, the “Reducing Fetal and Infant Mortality Act”, Florida will ban most abortions after 15 gestational weeks. The law previously permitted abortions to occur until 24 gestational weeks. The Florida abortion law does not make any exceptions for cases of incest, rape, or human trafficking. The Florida abortion law does provide limited exceptions to allow for abortions after 15 weeks to save the life of the pregnant women or to avert a serious risk of substantial and irreversible physical impairment of a major bodily function of the pregnant woman other than a psychological condition. The law also permits a post 15- week abortion for a fatal fetal abnormality. Such evidence to allow a post-15 week abortion requires a high threshold of medical evidence by two physicians to support the abortion based on the aforementioned reasons. While these laws are not as new as the new 15 week ban, in June of 2020, Florida’s governor signed SB 404, which requires written consent from a minor’s parent or legal guardian for an abortion.  Florida also has a 24 hour waiting period before an abortion can be performed.   As of June 30, 2022, a Leon County Circuit Court in Florida  has temporarily blocked the new 15 week abortion ban finding that the new law violates Florida’s constitution. Stay tuned for additional updates on the abortion ban and the court efforts to continue blocking same.