The False Promise of Florida’s Fatal Fetal Anomaly Abortion Ban “Exception”

October 30, 2024

Florida limits abortions after six weeks, with a notable exception: pregnancies with fetal anomalies that could prove fatal to the fetus. But in the draconian state of abortion access, it comes as no surprise that this exception brings little to no relief. In practice, securing an abortion under Florida’s exception is nearly impossible, in the words of Shefali Luthra.

What makes an anomaly fatal? It’s not clear. As Dr. Chelsea Daniels, a physician who cares for patients at multiple Florida Planned Parenthood clinics, puts it, “Fetal anomalies are not that common, but when we see them, the vagaries of the law and murkiness of the law really hamstring doctors.” That is, the lack of clarity means that healthcare providers often default to the most conservative interpretation to ultimately deny a patient abortion care.

And why default to the most conservative interpretation? Healthcare providers face severe consequences – criminal felony charges with up to five years of prison time – should their decision to apply the exception to a patient be questioned.

Sadly, the shortcomings of fatal fetal anomaly exceptions aren’t unique to Florida. A smattering of states – including North Carolina, South Carolina, Georgia, Alabama, Indiana, Iowa and West Virginia – have similar purported exceptions and similarly low rates of those exceptions being granted.

We at the Woodhull Freedom Foundation firmly believe in the fundamental human right to sexual freedom, and all the rights it envelops – including the right to bodily autonomy, the right to quality, comprehensive healthcare, and, of course, the right to seek abortion care.