MASSACHUSETTS — The Massachusetts State Senate adopted a measure regarding late-term abortion regulations on Friday. The measure was sent to Democratic Governor Maura Healey for consideration.

The new law would remove the list of specific reasons for late-term abortion and allow the procedure based on the professional judgment of the physician. Under current Massachusetts law, abortion is legal for the first 24 weeks of pregnancy. Current Massachusetts law allows abortion after 24 weeks only if a physician determines it is necessary to preserve the life, physical or mental health of the woman, due to a lethal fetal anomaly, or because the fetus would not likely survive outside the uterus.

State Senator Robyn Kennedy stated on the Senate floor that the proposal would restore the ability of physicians to use their best medical judgment. She said that medicine does not always fit into clearly defined legal categories. State Representative Christine Barber stated that hospitals turned away some women for late-term abortions under the current framework, including a case where a fetus had a stroke and was unlikely to survive. Lawmakers and advocates stated that some women left Massachusetts to seek reproductive care elsewhere despite the state's reputation as a haven for those seeking abortion.

Critics of the legislation say it would allow abortion until birth, including on healthy fetuses, and that later abortions are more complex and risky for women. Myrna Maloney Flynn said in a video encouraging supporters to tell lawmakers to reject the bill, “While this legislation prioritizes access, it does not prioritize a woman’s safety.”

The abortion bill was first passed by the House the week prior to the Senate's adoption on July 31, 2026. The Massachusetts State Senate voted 5-1 to place the House's abortion bill (H 5595) on the Senate's calendar for a vote of the full body, indicating strong bipartisan support among Democratic senators despite opposition from some Republicans. The Massachusetts State Senate is an upper house of the Massachusetts General Court.

In 2024, there were 99 abortions performed at or beyond 24 weeks in Massachusetts, according to the Massachusetts Department of Public Health, representing less than 0.1% of all abortions performed that year. Governor Maura Healey has signed multiple bills strengthening abortion access in Massachusetts since taking office in 2023, including a law that protected telehealth abortion services and another that expanded access to medication abortion. In 2023, the Massachusetts House passed a bill that allowed late-term abortions based on a physician’s judgment, which was later vetoed by then-Governor Charlie Baker, showing the state’s ongoing legislative debate over abortion access.

The Massachusetts State Senate has historically supported progressive reproductive rights legislation, with a voting record showing 83% of its members voted in favor of expanding abortion access in the 2022 legislative session. The chamber has previously passed similar abortion-related legislation in the past five years, including a 2023 bill that expanded access to medication abortion and created a stockpile of mifepristone doses. Research titled Bill Banning Late-term Abortion Now in the Senate was published in 2015 in JAMA.

Massachusetts has a shield law that applies to those who prescribe abortion pills via telehealth to women in states where abortion is banned. In 2023, Massachusetts became one of the first states to establish such protections. Anti-abortion officials in Louisiana and Texas are testing Massachusetts' shield law protections. Thirteen states are enforcing bans on abortion at all stages of pregnancy, with some exceptions, while four states ban abortion after about six weeks of pregnancy.

Why It Matters

The legislation shifts late-term abortion criteria from specific statutory conditions to physician professional judgment, potentially altering access for patients previously turned away under the current framework. This change occurs as thirteen states enforce bans on abortion at all stages and four states restrict the procedure after approximately six weeks. Massachusetts' existing shield law protecting telehealth providers faces active testing by anti-abortion officials in Louisiana and Texas, showing the state's role in interstate reproductive care disputes.