The Massachusetts Senate has approved a bill granting physicians sole authority to determine whether late-term abortions are medically necessary, sending the legislation to Democratic Governor Maura Healey for consideration.
The bill passed the Senate on Friday and follows House approval last week, marking the latest effort by state lawmakers to expand abortion access after the 2022 U.S. Supreme Court decision in Dobbs v. Jackson Women’s Health Organization returned abortion policy to the states. Under current Massachusetts law, abortion is permitted up to 24 weeks of pregnancy. After that point, it is allowed only if a physician determines it is necessary to protect the patient’s life, physical or mental health, or in cases of a lethal fetal anomaly or a diagnosis indicating the fetus would not survive outside the uterus.
The new legislation removes the list of specific circumstances and instead permits abortions after 24 weeks based solely on a physician’s professional judgment. It also prohibits third-party medical reviewers from overruling decisions made by a patient and their doctor.
Supporters of the bill argue it removes unnecessary barriers to care, citing cases where hospitals have turned away patients seeking late-term abortions even when the fetus had suffered severe complications, such as a stroke, and was not expected to survive. State Representative Christine Barber highlighted such instances as justification for the change, stating that the current framework has led to inconsistent application of the law.
Opponents contend the legislation could lead to broader access to late-term abortions, including in cases involving healthy fetuses. Myrna Maloney Flynn, president of Massachusetts Citizens for Life, criticized the bill in a video statement, arguing that it prioritizes access over patient safety and that later abortions carry greater risks.
The bill’s sponsor, State Representative Lindsay N. Sabadosa, emphasized that the goal is to ensure medical decisions remain between patients and their doctors. "Medical decisions should be made by a patient and their doctor," she said in a statement. "Massachusetts has one of the best health care systems in the country, and patients should be able to rely on their providers to deliver medically appropriate care without restrictions that can fail to account for the complexity of individual medical circumstances."
If signed into law, Massachusetts would join states like Maine, which enacted a similar measure in 2023 allowing late-term abortions based on a physician’s judgment. The legislative push comes as Democratic-led states across the U.S. have moved to strengthen abortion protections in response to post-Dobbs restrictions in other states. Governor Healey, a vocal advocate for abortion rights, has previously signed multiple laws expanding access to reproductive care in Massachusetts.
The bill’s passage follows a broader trend in state-level abortion policy, with 13 states enforcing near-total bans and others adopting varying restrictions since the Supreme Court’s decision. Supporters of the Massachusetts bill argue it ensures patients receive necessary care without unnecessary delays or denials, while opponents warn it could normalize abortions later in pregnancy without sufficient safeguards.