As more states move toward more restrictive gestational limits on when a person can have an abortion or not, medical “exceptions” have become the norm. While they often create more confusion than clarity, frequently missing from exceptions are those for mental health. More often than not, the exceptions are focused on physical health only.
According to KFF, 14 states have near-total abortion bans. Many more have restrictions with gestational limits in effect. While exceptions vary, only one state, Alabama, explicitly includes mental health conditions as a legal exception. However, in this case, the exception specifically requires a psychiatrist to diagnose the pregnant person with a “serious mental illness” and document that the person will engage in behavior that could result in their death or the death of the fetus due to their mental health condition.
