Not viable stage regulations: which statement is correct?

• A. The state cannot prohibit abortion before viability
• B. The state may criminalize abortion before viability
• C. The state may require subsidized abortion
• D. The state must provide abortions if requested

Answer: (A)

Before fetal viability, a woman has a constitutional right to choose an abortion that the government cannot easily override. The state’s interest in protecting potential life becomes compelling only after viability, which allows for stronger restrictions or bans after that point. Because the right to terminate a pregnancy before viability is recognized, the state cannot prohibit abortions before viability without infringing on that right. After viability, the state may regulate or prohibit abortions, subject to exceptions for the mother’s life or health.

The other options go beyond what is required or permitted before viability: requiring subsidized abortions, mandating that abortions be provided, or criminalizing abortion before viability would impose government action or penalties not required by the pre-viability framework and would conflict with the recognized right. Viability marks the dividing line for the state’s potential to restrict, not before that point.