Yes, A D&C (dilation and curettage) is legal in Texas when performed for miscarriage care, ectopic pregnancy, medical emergencies, and non-pregnancy gynecologic purposes. Texas abortion laws restrict D&Cs only when used to end a healthy, viable pregnancy. The procedure remains a standard and legally permitted treatment for miscarriage, severe bleeding, retained tissue, infection, and other uterine medical conditions.
Confusion comes from the fact that the same procedure used for miscarriage management is also used in some abortions. Texas law targets intent, not the tool. The law only restricts a D&C when it is used solely to electively terminate a viable pregnancy without a qualifying medical risk.
When a D&C Is Allowed in Texas
Doctors may legally perform a D&C if it is medically necessary. Under current Texas law (as of late 2025), legal reasons include:
- Miscarriage management (when there is no detectable fetal cardiac activity).
- Ectopic pregnancy removal, even if the ectopic tissue has cardiac activity — these are explicitly excluded from abortion bans and can be treated immediately.
- Severe bleeding or hemorrhage.
- Retained tissue after a miscarriage or delivery.
- Life-threatening infection (sepsis) or risk of infection from premature rupture of membranes (PPROM).
- Abnormal uterine bleeding, polyps, fibroids, or cancer screening.
Important Legal Distinction: “Nonviable” Pregnancies
A lethal fetal anomaly (e.g., anencephaly or Trisomy 13) is not enough on its own to legally justify a D&C in Texas.
- If a fetus has a heartbeat, a D&C cannot be performed for anomaly alone.
- A D&C in these cases is only legal if the pregnant patient also has a qualifying life-threatening physical condition.
This was upheld in Zurawski v. Texas, and SB 31 did not add an exception for fetal anomalies.
Do You Need to Be “Near Death”?
No. Under the Life of the Mother Act (Senate Bill 31) effective June 20, 2025, Texas law clarifies that:
- A patient does not need to be facing imminent death before a doctor can act.
- “Life-threatening” means the condition is capable of causing death, even if death is not happening right now.
- Doctors may intervene using reasonable medical judgment to prevent a patient from getting sicker.
This legal clarification protects physicians from prosecution when performing a medically necessary D&C before severe deterioration occurs.
Why Some Hospitals May Still Hesitate
Even with SB 31, many hospitals remain cautious. The law still carries extremely severe penalties for doctors who perform an unlawful abortion, including:
- Up to 99 years in prison
- Loss of medical license
- Civil lawsuits and professional sanctions
Because the penalties are so extreme, some hospital administrators and legal teams still instruct staff to wait until a patient is clearly worsening before authorizing a D&C, even though the law technically allows earlier treatment.
So while D&Cs are legal, and SB 31 improved clarity, fear of prosecution leads to real-world treatment delays.
What About Non-Pregnancy Uses of D&C?
Texas abortion laws do not affect D&C procedures performed for non-pregnancy medical needs. These uses remain fully legal and common:
- Diagnosis or treatment of uterine cancer
- Removal of benign growths (polyps, fibroids)
- Biopsy or treatment for abnormal bleeding
- Postpartum complications unrelated to abortion laws
These procedures are unaffected because abortion laws only apply when the purpose of the D&C is to terminate a pregnancy.
Final Note
A D&C is legal in Texas for miscarriage care, ectopic pregnancies, medical emergencies, life-threatening complications, and non-pregnancy gynecologic conditions. It is only restricted when used to electively end a healthy, viable pregnancy.
- Ectopic pregnancies are always legal to treat.
- Lethal fetal anomalies do NOT qualify unless the mother’s life is also at risk.
- SB 31 allows earlier medical intervention before a patient is “near death.”
- Hospital delays persist due to severe criminal penalties and administrative caution.
