Intact Dilation and Extraction - Partial-birth Abortion

Partial-birth Abortion

The term "partial-birth abortion" is primarily used in political discourse — chiefly regarding the legality of abortion in the United States. The term is not recognized as a medical term by the American Medical Association nor the American College of Obstetricians and Gynecologists. This term was first suggested in 1995 by Congressman Charles T. Canady, while developing the original proposed Partial-Birth Abortion Ban. According to Keri Folmar, the lawyer responsible for the bill's language, the term was developed in early 1995 in a meeting among herself, Charles T. Canady, and National Right to Life Committee lobbyist Douglas Johnson. Canady could not find this particular abortion practice named in any medical textbook, and therefore he and his aides named it. "Partial-birth abortion" was first used in the media on 4 June 1995 in a Washington Times article covering the bill.

In the U.S., a federal statute defines "partial-birth abortion" as any abortion in which the fetus is extracted "past the navel ... outside the body of the mother," or "in the case of head-first presentation, the entire fetal head is outside the body of the mother," if the fetus has already passed. The U.S. Supreme Court has held that the terms "partial-birth abortion" and "intact dilation and extraction" are basically synonymous. However, there are cases where these overlapping terms do not coincide. For example, the IDX procedure may be used to remove a deceased fetus (e.g. due to a miscarriage or feticide) that is developed enough to require dilation of the cervix for its extraction. Removing a dead fetus does not meet the federal legal definition of "partial-birth abortion," which specifies that partial live delivery must precede "the overt act, other than completion of delivery, that kills the partially delivered, living fetus." Additionally, a doctor may extract a fetus past the navel and then cut through the neck of the fetus. This could fall within the terms of the statute, even though it would not result in an intact body and therefore would not be an intact dilation and extraction.

In addition to the federal ban, there have also been a number of state partial-birth abortion bans. There, courts have found that state legislation (rather than federal legislation) intended to ban "partial-birth abortions" could be interpreted to apply to some non-intact dilation and evacuation (D&E) procedures. Though sometimes performed during the same developmental stage wherein most IDX procedures are done, non-intact D&E is a separate procedure.

There is debate over use of the term "partial-birth abortion". Those who oppose the term consider it a political term used to frame the argument in a way which is favorable to those who seek greater legal restrictions, or a total ban, on this or all abortion procedures, and have called the alleged political framing "partial truth abortion".