This document examines abortion laws at the state level.
For the State of Massachusetts the following observations are made:
For the Massachusetts General Law prior to 2026 it said the following:
Section 12M: Abortion; pregnancy existing for 24 weeks or less
Section 12M. A physician, physician assistant, nurse practitioner or nurse midwife may perform an abortion consistent with the scope of their practice and license if, in their best medical judgment, the pregnancy has existed for less than 24 weeks.
Section 12N: Abortion; pregnancy existing for 24 weeks or more
Section 12N. If a pregnancy has existed for 24 weeks or more, no abortion may be performed except by a physician, and only if in the best medical judgement of the physician it is: (i) necessary to preserve the life of the patient; (ii) necessary to preserve the patient’s physical or mental health; (iii) warranted because of a lethal fetal anomaly or diagnosis; or (iv) warranted because of a grave fetal diagnosis that indicates that the fetus is incompatible with sustained life outside of the uterus without extraordinary medical interventions.
As of August 10, 2026 it says the following by striking out and replacing the above with the the following:
“an abortion may be performed by a physician based upon the professional judgment of the physician.”
Note that the previous version was bad in that it included the provision to allow abortions even for the patient mental health. Anyone can claim a child harms them mentally giving unreasonable reasons for which an unreasonable physician may agree.
But now the law is worse in that it takes off all restrictions.
The following existed to provide some state oversight procedures.
Section 12N 1/2: Independent consideration by treating physician and patient or patient’s health care proxy of abortion circumstances for pregnancy existing for 24 weeks or more; annual report
Section 12N1/2. (a) Each circumstance permitting an abortion for a pregnancy that has existed for 24 weeks or more under section 12N shall be considered independently by a treating physician and a patient or the patient’s health care proxy. No medical review process shall override a determination by a treating physician and a patient or the patient’s health care proxy to provide an abortion consistent with said section 12N.
(b) Annually, not later than September 1, every facility authorized to perform health care services under section 12N shall submit to the department of public health a written report that includes the facility’s procedures and processes for providing services consistent with said section 12N and this section.
But now that has been replaced by the following where even the written report to state officials is no longer required:
SECTION 2. Said chapter 112 is hereby further amended by striking out section 12N1/2 and inserting in place thereof the following section:-
Section 12N1/2. No medical review process shall override the professional judgment of a treating physician and a patient or the patient’s health care proxy to provide an abortion consistent with section 12N.
State of Massachusetts 2026 Abortion Law Changes
State of Massachusetts 2022 Abortion Law Changes
State of Massachusetts 2020 Abortion Law Changes
