New Jersey Post-Viability Protection Act (S 1352)
This law was last updated on Jan 28, 2018
S 1352 would prohibit abortions after the fetus is viable or 24 weeks gestation or more. The bill is similar to a 20-week ban.
The bill would prohibit performing or inducing an abortion unless the physician first makes a determination of the gestational age of the fetus. If the gestational age is 20 weeks or more, the physician must also determine whether the fetus is viable.
The requirements of this section would not apply in the case of a medical emergency which is “so severe and immediate that it would prevent a prudent physician from complying with these requirements.” In such a case, the physician would be required to make and record the required immediately after the abortion.
The bill would ban abortion if the fetus is viable or has reached a gestational age of 24 weeks or greater.
The bill also states that an abortion performed after 20 weeks must be performed in a manner that provides the best opportunity for the “unborn child” to survive.
This provision does not apply if the physician determines that a medical emergency exists, and a second physician has concurred in that determination.
If the “unborn child” is born alive, the physician must care for it in the same manner it would care for any other “unborn child” of the same gestational age if delivered alive.
Physician Reporting Requirements
A physician who terminates a pregnancy when the gestational age of the unborn child is 20 weeks or greater would be required, within 30 days after the abortion, to file with the Department of Health and Senior Services a report on specified forms containing specified information.
Identical to S 1020, which failed to pass in 2015.