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The Freedom of Choice Act

Editor's Note: This bill is currently pending in the U.S. Senate, and is of particular interest in the 2008 election due to the fact that Sen. Barack Obama was a cosponsor and has pledged to sign the bill if elected. 


To protect, consistent with Roe v. Wade, a woman's freedom to choose to bear a child or terminate a pregnancy, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,


This Act may be cited as the `Freedom of Choice Act'.


Obama and McCain on Abortion Rights

Last Updated August 10, 2008

John McCain

Sen. McCain voted for the 2003 ban on partial-birth abortion, and praised the Supreme Court's 207 decision upholding it, stating that the decision"ensures that an unacceptable and unjustifiable practice will not be carried out on our innocent children."

Barack Obama

Sen. Obama received the endorsement of NARAL Pro-Choice America on May 14, 2008. Obama co-sponsored the "Freedom of Choice Act," which would allow taxpayer funding of abortions and, some fear, invalidate many state abortion laws. He has pledged to sign the Act if elected. In the Illinois Senate, Obama voted against the Illinois Born-Alive Infants Protection Act, which would have required that any fetus showing signs of life after being completely born outside the mother be treated as a person. He has also criticized the Gonzales v. Carhart decision.







Abortion Overview

Last Updated August 4, 2008

In every region of the world, individuals and governments have grappled with the ethical, social, medical, and religious problems created by abortion. For most women in the world, abortions are available on demand within the first trimester, and this is particularly so in North America, Europe and Asia. After the first trimester abortion laws generally become more strict. In South America, Africa and Southeast Asia, abortions are generally illegal, with exceptions often recognized where the woman's life in is danger, or in cases of rape.


Partial-Birth Abortions

Last Updated August 5, 2008

Partial-birth abortions are a relatively rare but controversial and politically-charged abortion procedure in which a physician partially delivers an intact fetus, then intentionally causes its death before removing it completely.


U.S. Partial-Birth Abortion Ban Act of 2003 (Text)

Sec. 1531. Partial-birth abortions prohibited

(a) Any physician who, in or affecting interstate or foreign commerce, knowingly performs a partial-birth abortion and thereby kills a human fetus shall be fined under this title or imprisoned not more than 2 years, or both. This subsection does not apply to a partial-birth abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself. This subsection takes effect 1 day after the enactment.


Abortion - U.S. Code Provisions

U.S. Code Title 18 > Part I > Chapter 90A - Protection Of Unborn Children

Abortion - Selected State Laws

AlabamaAlabama Code > Title 26 > Chapter 22 - Abortion Of Viable Unborn Child
Alabama Code > Title 26 > Chapter 23A - The Woman's Right To Know Act
AlaskaAlaska Statutes Chapter 18.16 - Regulation Of Abortions
ArizonaArizona Laws > Title 36 > Chapter 4 > Article 10 - Abortion Clinics
Arizona Laws > Title 36 > Chapter 20 - Abortion
Arizona Laws > Title 36 > Chapter 23 - Protection Of Fetus Or Embryo
CaliforniaCalifornia Penal Code > Part 1 > Title 11.7 - California Freedom Of Access To Clinic And Church Entrances Act
ConnecticutConnecticut General Statutes > Title 19a > Chapter 368y - Abortion
FloridaFlorida Statutes > Chapter 390 - Termination of Pregnancies
Florida Statutes > Chapter 797 - Abortion
Florida Regulations Chapter 59A-9 - Abortion Clinics
IdahoIdaho Code Title 18 > Chapter 6 - Abortion And Contraceptives
IllinoisIllinois Compiled Statutes > 745 ILCS 30 - Abortion Performance Refusal Act
Illinois Compiled Statutes > 750 ILCS 70 - Parental Notice of Abortion Act of 1995
IndianaIndiana Code > Title 16 > Article 34 - Abortion
IowaIowa Code Chapter 135L - Notification requirements regarding pregnant minors
Iowa Code Chapter 146 - Abortions -- refusal to perform
KansasKansas Statutes > Chapter 65 > Article 67 - Abortion
Kansas Statutes > Chapter 65 > Article 67a - Fetal Organs And Tissue
MaineMaine Revised Statutes > Title 22 > Chapter 263-B - Abortions
MichiganMichigan Laws > Chapter 333 > Act 135 of 2004 - Legal Birth Definition Act
Michigan Laws > Chapter 750 > Act 328 of 1931 > Chapter III - Abortion
MissouriMissouri Laws > Title XII > Chapter 188 - Regulation of Abortions
MontanaMontana Code Title 50 > Chapter 20 - Abortion
NevadaNevada Revised Statutes > Chapter 442 - Maternal and Child Health; Abortion
New MexicoNew Mexico Statutes Chapter 30 > Article 5 - Abortion
North CarolinaNorth Carolina General Statutes Chapter 14 > Article 11 - Abortion and Kindred Offenses
North DakotaNorth Dakota Code > Chapter 12.1-17.1 - Offenses Against Unborn Children
North Dakota Code > Chapter 14-02.1 - Abortion Control Act
North Dakota Code > Chapter 14-02.2 - Fetal Experimentation
North Dakota Code > Chapter 14-02.3 - Limitation of Abortion
Rhode IslandRhode Island General Laws > Chapter 11-3. Abortion
Rhode Island General Laws > Chapter 23-4.7. Informed Consent for Abortion
Rhode Island General Laws > Chapter 23-4.8. Spousal Notice for Abortion
South CarolinaSouth Carolina Code > Title 44 > Chapter 41 - Abortions
South DakotaSouth Dakota Laws > Title 22 > Chapter 17 - Unauthorized Abortion
South Dakota Laws > Title 34 > Chapter 23A - Performance Of Abortions
TexasTexas Vernon's Civil Statutes > Title 71 > Chapter 6-1/2 - Abortion
VermontVermont Statutes > Title 13 > Chapter 3 - Abortion
West VirginiaWest Virginia Code > Chapter 16 > Article 2F - Parental Notification Of Abortions Performed On Unemancipated Minors
West Virginia Code > Chapter 16 > Article 2I - Women's Right To Know Act


Questions & Answers: Abortion

So, let me get this straight. If I conceal the birth of a child and the child is still alive it's completely legal? Why does this statute point specifically to a "dead body"?...
Arsh, You are correct that the statute only relates to concealing a dead child. All births must be registered with the state of North Carolina under North Carolina General Statut...
Where can I find *all* state abortion laws passed?...
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Virginia Beach, Virginia 23452
Practice Areas: Criminal Law
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