This week our Common Sense Candidate Team hosted a community discussion on New Hampshire’s abortion law. It was a well-attended event (approx. 60 guests), and there was a lot of opportunity for attendee comments. In the spirit of open dialogue, the candidate team assured participants that the purpose of the evening was for discussion and not debate.
"We truly appreciated how civil and respectful the conversation remained throughout the evening. Sue, Jack, and I wanted to ensure that it was a space for open discussion. We're glad that people felt comfortable sharing their perspectives. It was great to have Kat McGhee, Karen Calabro, and Will Walker join us as well. We hope these conversations can lead to more understanding and thoughtful solutions on such important issues." said Liz Barbour.
One of the main focal points of the evening was to discuss the ways in which people who have varying opinions on the abortion law can still work together on shared goals. Across the nation, it is estimated there are over 1 million clinical abortions each year, and those numbers do not include the abortions that are self-performed at home using medication received in the mail. Most abortions happen in the first trimester.
Working towards reducing the number of abortions and understanding the root causes on why women have abortions is something that everyone can work on together. An important first step is to understand why women choose abortion, and if women facing unplanned pregnancies need comprehensive financial, medical, educational, and housing resources throughout pregnancy and beyond. Unfortunately, New Hampshire falls short in serving women because we lack comprehensive data on abortion procedures, outcomes, patient demographics, and any data involving fetal anomalies and maternal health.
New Hampshire is one of only four states that does not require physicians to report abortion outcomes. Establishing a database that protects patient privacy while categorizing essential data would not only help to ensure high-quality care for women facing unplanned pregnancies but also provide insights into factors such as fetal anomalies and other health-related circumstances. The concept of data collection with regard to health-related matters has been a mainstay of standardized patient care for decades. Consider the Framingham Heart Study, which has collected data for 76 years to identify factors leading to heart disease, improving care, and saving lives. In a similar way, New Hampshire should prioritize women’s safety by joining other states in requiring abortion data reporting. This approach would enhance care, protect privacy, and provide valuable insights to support women’s health and the integrity of the medical system.
The following information is taken from the handouts distributed at the town hall.
New Hampshire’s Abortion Law
Part Partial-Birth Abortion Ban Act, Part Fetal Life Protection Act
329:34 Prohibition; Limitations. – I. A person shall not knowingly perform or attempt to perform a partial-birth abortion. II. No person shall perform or induce a partial-birth abortion on a viable fetus unless such person is a physician and has a documented referral from another physician not legally or financially affiliated with the physician performing or inducing the abortion and both physicians determine that the life of the mother 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.
Source. 2012, 283:2, eff. Jan. 1, 2013.
329:44 Prohibition. – I. Except in the case of a medical emergency as specifically defined in paragraph III, no abortion shall be performed, induced, or attempted by any health care provider unless a health care provider has first made a determination of the probable gestational age of the fetus. In making such a determination, the health care provider shall make such inquiries of the pregnant woman and perform or cause to be performed all such medical examinations, imaging studies, and tests as a reasonably prudent health care provider in the community, knowledgeable about the medical facts and conditions of both the woman and the fetus involved, would consider necessary to perform and consider in making an accurate diagnosis with respect to gestational age, provided, however, that the health care provider shall conduct an obstetric ultrasound examination of the patient for the purpose of making the determination. This paragraph shall be construed to require the performance of an ultrasound only if the provider either knows that the fetus has a gestational age of at least 24 weeks or is conscious of a substantial risk that the fetus has a gestational age of at least 24 weeks. II. Except in the case of fetal abnormalities incompatible with life, or a medical emergency as specifically defined in paragraph III, no health care provider shall knowingly perform, induce, or attempt to perform an abortion upon a pregnant woman when the probable gestational age of her fetus has been determined to be at least 24 weeks or in the absence of a determination by a health care provider pursuant to paragraph I as to the fetus' probable gestational age. III. For the purposes of this subdivision only, "medical emergency" means a condition in which an abortion is necessary to preserve the life of the pregnant woman 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, or when continuation of the pregnancy will create a serious risk of substantial and irreversible impairment of a major bodily function, as defined in RSA 329:43, V, of the pregnant woman. Source. 2021, 91:39, eff. Jan. 1, 2022. 2022, 86:1, eff. May 20, 2022; 119:1, eff. May 27, 2022.
329:46 Criminal Penalties. – Any health care provider who knowingly performs or induces an abortion in violation of this subdivision and knows that the fetus has a gestational age of at least 24 weeks, or consciously disregards a substantial risk that the fetus has a gestational age of at least 24 weeks, shall be guilty of a class B felony and, in addition to any other penalties the court may impose, be fined not less than $10,000 and not more than $100,000. Source. 2021, 91:39, eff. Jan. 1, 2022.
OVERALL POINTS:
- No restrictions on abortion in New Hampshire up to 6 months of pregnancy.
- Parental notification is required for a minor (under 18) to have an abortion. A judge can make exceptions in cases of abuse (NH RSA132: 32-36).
- Abortions can be performed after the 6th month if there is a fetal anomaly incompatible with life, or the life of the mother is at risk.
New Hampshire Abortion Law Timeline
May 19, 1991: New Hampshire becomes the first state in the nation to adopt a resolution urging the FDA to allow clinical trials of medication abortion (then known as RU486) in the state. https://www.nytimes.com/1991/05/05/us/in-new-hampshire-a-move-to-test-abortion-pill.html
June 3, 1997: Then-Governor Jeanne Shaheen signed a law repealing abortion as a felony. https://reproductiverights.org/maps/state/new-hampshire/
June 19, 2003: Then-Governor Craig Benson signed a law requiring parental notification for minors seeking abortion. This was challenged in court and deemed unconstitutional by lower courts, but eventually made it to the Supreme Court and the lower court ruling was overturned. https://courts-state-nh-us.libguides.com/c.php?g=893966&p=6428904
June 29, 2007: Then-Governor John Lynch signed legislation to repeal the parental notification law. https://www.nytimes.com/2007/06/08/us/08parental.html
June 22, 2011: The New Hampshire Legislature voted for parental notification for minors seeking abortions, Governor Lynch vetoed this, but the legislature had enough votes to override his veto. https://www.nytimes.com/2011/06/23/us/politics/23brfs-LAWMAKERSOVE_BRF.html
January 1, 2013: NH law goes into effect prohibiting partial-birth abortion, with exceptions for the procedure to be performed by a physician if the life of the mother is endangered. The legislature voted for this measure, Governor Lynch vetoed it, but the legislature had the votes to override the veto. https://www.benningtonbanner.com/local-news/nh-law-will-ban-partial-birth-abortion/article_c256939a-6504-5747-b8b4-f9b2bab5fb45.htm
June 25, 2021: Governor Chris Sununu signed a law allowing for unrestricted abortion up to the 6th month of pregnancy, with abortion allowed after that under certain exceptions, which is the current law.
Abortion Laws Across U.S.
No restrictions on abortion/abortion allowed up to point of birth: Oregon, Alaska, Colorado, New Mexico, Minnesota, Michigan, New Jersey, Washington D.C, Maryland, Vermont
Unrestricted abortion allowed up to 6th month of pregnancy: Washington, California, Nevada, Montana, Wyoming, Illinois, Virginia, Pennsylvania, New York, Delaware, Massachusetts, Rhode Island, Connecticut, Maine, New Hampshire
Unrestricted abortion allowed up to 4-5th month of pregnancy: Utah, Kansas, Wisconsin, Ohio
Unrestricted abortion allowed up to 3rd month of pregnancy: Arizona, Nebraska, North Carolina
Unrestricted abortion allowed up to the 6th week of pregnancy: Iowa, Georgia, South Carolina, Florida
Abortion only allowed under specific conditions, (such as life of the mother at risk). Conditions vary by state: Idaho, North Dakota, South Dakota, Texas, Oklahoma, Missouri, Arkansas, Louisiana, Indiana, Kentucky, Tennessee, Mississippi, Alabama, West Virginia
Abortion Occurrence Across the U.S.
“An estimated 1,037,000 abortions were provided by clinicians in states without total bans in 2023, an increase of 11% from 2020, when the total was 930,160. These counts do not include self-managed abortions, such as those obtained using abortion pills mailed from pharmacies outside the United States. Evidence suggests self-managed abortions have increased since Dobbs.”
Source: Guttmacher institute, https://www.guttmacher.org/fact-sheet/induced-abortion-united-states
States That Do Not Report Abortion Data to CDC
California
New Hampshire
Maryland
New Jersey
To learn more about the priorities of State Representative candidates Liz Barbour, Sue Homola, and Jack Flanagan, please visit our website at CommonSenseforNH.com
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