Abortion Laws: 50-State Survey

On June 24, 2022, the U.S. Supreme Court ruled in Dobbs v. Jackson Women's Health Organization that the U.S. Constitution does not provide a right to abortion. Wiping out half a century of precedent, Justice Samuel Alito declared that the authority to regulate abortion must be returned to the people and their elected representatives.

In the immediate aftermath of Dobbs, states hostile to abortion raced to enact more restrictive laws in this area, including some near-total bans. Several states had enacted “trigger bans” that were designed to take effect automatically if the Supreme Court reached this result. Others sought to reinstate pre-existing laws that had been unenforceable on constitutional grounds. In many states, however, Dobbs did not affect access to abortion because legislatures, courts, or voters have embedded this right in state codes or constitutional provisions.

Click on a state below to learn more about responses to the Dobbs decision and the status of abortion laws in that state. The situation remains fluid in many states, and this will be updated accordingly.

Alabama

Abortion is prohibited at any stage of pregnancy, except when the life or health of the pregnant woman is at risk.

The Alabama Human Life Protection Act prohibits any person from intentionally performing or attempting to perform an abortion unless this is necessary to prevent a serious health risk to a pregnant woman. There are no exceptions for incest or rape. Performing an abortion is a Class A felony, and attempting an abortion is a Class C felony. The law also makes it a felony to help someone obtain or plan to obtain an abortion in another state.

Alaska

Abortion is broadly permitted throughout pregnancy.

Alaska has a long pro-choice history. Its legislature legalized abortion before the U.S. Supreme Court decided Roe v. Wade, while the Alaska Supreme Court has held that the privacy right provided by the Alaska Constitution protects freedom of choice.

Arizona

Abortion is currently permitted until 15 weeks of pregnancy, and afterward only to save the life of a pregnant woman.

Arizona also has an older abortion ban, which entirely prohibits providing or helping to provide an abortion, except to save the life of a pregnant woman. It is unclear whether this law eventually may take effect, superseding the current, less rigid ban.There is no exception for rape or incest under the current ban.

Arkansas

Abortion is prohibited at any stage of pregnancy, unless the life of the pregnant woman is at risk.

Under the Arkansas Human Life Protection Act, performing or attempting to perform an abortion except to save the life of a pregnant woman in a medical emergency is an unclassified felony that may result in a 10-year prison sentence and a $100,000 fine. There is no exception for rape or incest.

California

Abortion is permitted until viability, and afterward only if the life or health of the pregnant woman is at risk.

California laws strongly protect abortion. Governor Gavin Newsom has signed a law that protects patients and doctors from civil liability related to abortions. In November 2022, California voters passed a proposition providing that the state cannot deny or interfere with reproductive freedom, although the precise impact of this proposition remains unclear.

Colorado

Abortion is broadly permitted throughout pregnancy.

Colorado legalized abortion in 1967, even before Roe v. Wade. Governor Jared Polis has signed the Reproductive Health Equity Act, which provides that state and local government entities cannot interfere with the right to abortion or the right to use contraception. The law clearly states that a fetus does not have independent or derivative rights under state law.

Connecticut

Abortion is permitted until viability, and afterward only if the life or health of the pregnant woman is at risk.

Connecticut legislators have provided a safe harbor to women from states where abortion is illegal so that they can get abortions in Connecticut. The state also has passed a law that will help protect providers and patients from abortion bans in other states. Among other things, it creates a cause of action for abortion providers and others who are sued in another state for helping a patient from that state get abortion services that are legal in Connecticut.

Delaware

Abortion is permitted until viability, and afterward only if the life or health of the pregnant woman is at risk, or if there is a fetal anomaly.

The Delaware General Assembly previously passed legislation that codified the rights provided by Roe v. Wade under state law. Governor John Carney also has signed legislation that expands access to abortion services and shields providers and patients seeking services in Delaware. Among other things, people who obtain or provide abortion services in Delaware will be protected from civil actions in other states.

Florida

Abortion is permitted until 15 weeks of pregnancy, and afterward only if the life or health of the pregnant woman is at risk.

Florida law prohibits a doctor from performing an abortion if they determine that the gestational age of the fetus is more than 15 weeks. There is no exception for rape or incest. Violators could face fines and jail time.

Georgia

Abortion is permitted until 6 weeks of pregnancy, and afterward only if the life or health of the pregnant woman is at risk.

The Georgia Living Infants Fairness and Equality Act prohibits most abortions once fetal cardiac activity is detected. This usually occurs at about six weeks of pregnancy, potentially before a woman knows that she is pregnant.

Hawaii

Abortion is permitted until viability, and afterward only if the life or health of the pregnant woman is at risk.

Hawaii legalized abortion even before Roe v. Wade, and the right to privacy provided by the Hawaii Constitution also has been interpreted to protect the right to abortion. Abortion care is a central part of traditional beliefs and customs.

Idaho

Abortion is prohibited unless the life of the pregnant woman is at risk, except for certain cases involving rape or incest.

On August 25, 2022, an Idaho law took effect that prohibited abortion at any stage of pregnancy. There are exceptions for rape or incest that was reported to law enforcement, or to save the life of the pregnant woman. The Idaho Supreme Court has ruled that abortion access is not a fundamental right under the Idaho Constitution.

Illinois

Abortion is permitted until viability, and afterward only if the life or health of the pregnant woman is at risk.

In 2019, Governor J.B. Pritzker signed the Reproductive Health Act, which establishes abortion and other areas of reproductive health as a fundamental right in Illinois.

Indiana

Abortion is permitted until 20 weeks of pregnancy, and afterward only if the life or health of the pregnant woman is at risk.

Indiana passed a very restrictive law that would prohibit abortion with narrow exceptions, but this law is blocked by courts for now.

Iowa

Abortion is permitted until 20 weeks of pregnancy, and afterward only if the life or health of the pregnant woman is at risk.

The Iowa Supreme Court ruled shortly before Dobbs that abortion is not a fundamental right under the Iowa Constitution, reversing its own precedent. This set the stage for the legislature to enact a ban. In July 2023, Governor Kim Reynolds signed a bill into law that would largely ban abortion after six weeks of pregnancy, but a lower court promptly blocked the law. The Iowa Supreme Court will review it.

Kansas

Abortion is permitted until 20 weeks of pregnancy, and afterward only if the life or health of the pregnant woman is at risk.

The Kansas Supreme Court has decided that the Kansas Constitution contains an implicit right to abortion. Voters rejected a state constitutional amendment to remove this right on August 2, 2022.

Kentucky

Abortion is prohibited at any stage of pregnancy, except in a medical emergency.

A medical emergency is a situation in which a woman faces a risk of death or the serious, permanent impairment of a life-sustaining organ. Providing abortions via a procedure or medication is a Class D felony, which may result in up to five years in prison. However, the Kentucky Supreme Court is reviewing a challenge to this law. Voters rejected an anti-abortion amendment to the Kentucky Constitution in November 2022.

Louisiana

Abortion is prohibited at any stage of pregnancy, unless there is a medical emergency or a fetal anomaly.

A medical emergency involves a situation in which abortion is necessary to prevent the death of the pregnant woman or a serious risk of a substantial and irreversible impairment of a major bodily function. There are no exceptions for rape or incest. The Louisiana Supreme Court rejected a challenge to the abortion ban.

Maine

Abortion is permitted until viability, and afterward only if the life or health of the pregnant woman is at risk.

The Maine legislature has codified abortion rights into law. A statute provides that the state will not restrict a woman’s exercise of her private decision to terminate a pregnancy before viability, except in certain cases involving pregnant minors.

Maryland

Abortion is permitted until viability, and afterward only if the life or health of the pregnant woman is at risk, or there is a fetal abnormality.

Maryland law allows abortion until a fetus can survive outside the womb. On July 1, 2022, Maryland expanded abortion access by allowing some non-doctors, such as nurse practitioners, to perform abortions.

Massachusetts

Abortion is permitted until 24 weeks of pregnancy, and afterward only if the life or health of the pregnant woman is at risk, or there is a fetal abnormality.

On July 29, 2022, Massachusetts passed a new reproductive rights law protecting health care providers who offer abortion services to patients outside the state. This means that people who live in states with abortion bans can get telemedicine abortion care and abortion pills via mail from Massachusetts providers.

Michigan

Abortion is permitted until viability, and afterward only if the life of the pregnant woman is at risk.

In November 2022, Michigan voters approved an amendment to the Michigan Constitution that guarantees the right to abortion and other reproductive health services. This prevents a 1931 abortion ban from taking effect, although courts previously had barred that law anyway.

Minnesota

Abortion is permitted until viability, and afterward only if the life or health of the pregnant woman is at risk.

The Minnesota Supreme Court has ruled that the Minnesota Constitution protects the right to abortion. Governor Tim Walz also signed a bill into law in early 2023 that provides that every individual has a fundamental right to make autonomous decisions about their own reproductive health.

Mississippi

Abortion is prohibited at any stage of pregnancy, unless the life of the pregnant woman is at risk, or in cases of rape that was reported to law enforcement.

People who perform or attempt to perform an abortion will face felony charges and potentially 10 years in prison. The only abortion clinic in Mississippi (the losing party in Dobbs) dropped its challenge to the law and has been sold.

Missouri

Abortion is prohibited at any stage of pregnancy, except in a medical emergency.

The Right to Life of the Unborn Child Act ended elective abortions in Missouri. Abortions are allowed only in medical emergencies, which generally involve a risk of death or a substantial and irreversible physical impairment of a major bodily function. There are no exceptions for rape or incest. While women who receive abortions will not be prosecuted, health care providers may face severe criminal and professional consequences, including 5-15 years in prison and the loss of a medical license.

Montana

Abortion is permitted until viability, and afterward only if the life or health of the pregnant woman is at risk.

The Montana Supreme Court has ruled that the right to privacy in the Montana Constitution guarantees access to abortion. The Montana legislature passed pro-life legislation in 2021 that has been blocked by courts on state constitutional grounds. In November 2022, voters rejected a proposed law that would have required health care workers to provide life-saving care to any child who is born alive, including those who were supposed to be subject to abortion. In May 2023, Governor Greg Gianforte signed into law a bill that would ban the main abortion method after 15 weeks of pregnancy. However, the law has been blocked by courts for now.

Nebraska

Abortion is permitted until 12 weeks of pregnancy, except in medical emergencies or in situations involving sexual assault or incest.

In May 2023, Governor Jim Pillen signed the Preborn Child Protection Act, which applies to intrauterine pregnancies. The statute defines the sexual assault and incest offenses that would justify an abortion after 12 weeks, but it does not define a medical emergency.

Nevada

Abortion is permitted until 24 weeks of pregnancy, and afterward only if the life or health of the pregnant woman is at risk.

In 1990, Nevada voters overwhelmingly passed a referendum legalizing abortions during the first 24 weeks of pregnancy. Since the law arose from a referendum, it may be changed only by voters, rather than the legislature.

New Hampshire

Abortion is permitted until 24 weeks of pregnancy, and afterward only if the life or health of the pregnant woman is at risk, or if there is a fetal abnormality.

Governor Chris Sununu has stated that he does not expect any changes to abortion law in New Hampshire based on the Dobbs decision.

New Jersey

Abortion is broadly permitted throughout pregnancy.

Governor Phil Murphy signed the Freedom of Reproductive Choice Act earlier in 2022, which guaranteed a fundamental right to reproductive autonomy. On June 30, 2022, Governor Murphy also signed two laws that protect out-of-state residents seeking reproductive services and reproductive health care providers. Among other things, they prohibit the extradition of anyone who comes to New Jersey for legal abortion services.

New Mexico

Abortion is broadly permitted throughout pregnancy.

Pro-choice Governor Michelle Lujan Grisham signed a law in 2021 that erased a 1969 abortion ban. (Roe v. Wade had made the ban unenforceable since 1973.) Grisham also is committed to protecting out-of-state residents seeking abortions in New Mexico. In addition, she has signed a bill into law that overrides local ordinances restricting access to abortion.

New York

Abortion is permitted until viability, and afterward only if the life or health of the pregnant woman is at risk, or if there is a fetal abnormality.

Abortion has been legal in New York since 1970, even before Roe v. Wade. Governor Kathy Hochul aims to preserve and strengthen abortion rights. Recently, the legislature has moved to enshrine abortion rights in the New York Constitution. The proposed amendment must pass the newly elected legislature next year before it can reach voters, which likely would happen in 2024.

North Carolina

Abortion is permitted until 12 weeks of pregnancy, and afterward when the life of the pregnant woman is at risk or in some situations involving rape, incest, or fetal anomalies.

North Carolina Governor Roy Cooper attempted to veto the law, but the legislature was able to override his veto. The exception involving a life-threatening risk to the pregnant woman extends throughout pregnancy, while the exceptions for rape and incest apply only to the first 20 weeks and the exception for fetal anomalies to the first 24 weeks.

North Dakota

Abortion is prohibited at any stage of pregnancy, with exceptions for medical emergencies and, in very narrow situations, rape or incest.

An exception to the abortion ban when the procedure is necessary to prevent death or a serious health risk to a pregnant woman applies at any stage of pregnancy, but exceptions for rape or incest apply only during the first six weeks. No abortion clinics are currently operating in North Dakota.

Ohio

Abortion is permitted until 20 weeks of pregnancy, and afterward only if there is a risk to the life or health of the pregnant woman.

A severely restrictive abortion law has been blocked while a legal challenge proceeds. The law prohibits abortion once a fetal heartbeat can be detected, which is usually about six weeks into pregnancy. It does not provide an exception for rape or incest. The law does not apply to non-intrauterine pregnancies.

Oklahoma

Abortion is prohibited at any stage of pregnancy, unless there is a risk to the life of the pregnant woman, or the pregnancy resulted from rape, sexual assault, or incest that was reported to law enforcement.

A health care provider could face years in prison and steep fines for violating the law. Even before the Dobbs decision, Oklahoma had essentially banned most abortions under a law that circumvented Roe v. Wade by using civil lawsuits, rather than criminal prosecution, to enforce the ban.

Oregon

Abortion is broadly permitted throughout pregnancy.

Oregon has implemented strong protections for abortion. In 2017, the state enacted the Reproductive Health Equity Act, which codified rights to perform and receive abortion services. The Oregon Health Authority will continue to ensure that people in Oregon have access to essential reproductive health services, including abortion, without any barriers.

Pennsylvania

Abortion is permitted until 24 weeks of pregnancy, and afterward only if there is a risk to the life or health of the pregnant woman.

Pennsylvania voters struck a key blow in favor of reproductive rights by electing Democrat Josh Shapiro as the next Pennsylvania Governor. Shapiro's opponent, Republican Doug Mastriano, had taken a strongly anti-abortion stance. Shapiro has voiced his support for current reproductive rights laws in Pennsylvania.

Rhode Island

Abortion is permitted until viability, and afterward only if there is a risk to the life or health of the pregnant woman.

In 2019, Rhode Island passed the Reproductive Privacy Act, which codified abortion protections in the event that Roe v. Wade was overturned. The Rhode Island Supreme Court has rejected a challenge to this law, ruling that it complied with the Rhode Island Constitution.

South Carolina

Abortion is permitted until 20 weeks of pregnancy, and afterward only if there is a risk to the life of the pregnant woman.

A proposed law that would ban most abortions at about six weeks of pregnancy has been blocked by courts for now. The South Carolina Supreme Court will review it.

South Dakota

Abortion is prohibited at any stage of pregnancy, unless there is a risk to the life of the pregnant woman.

The South Dakota trigger law took effect immediately after the Dobbs decision. There is no exception for rape or incest. South Dakota also prohibits medical abortion by telemedicine.

Tennessee

Abortion is prohibited at any stage of pregnancy, except in narrow situations involving medical emergencies.

The Tennessee abortion law provides exceptions to prevent the death of a pregnant woman or to prevent a serious risk of substantial and irreversible impairment of a major bodily function. Doctors who perform abortions could face years in prison, although pregnant women cannot face charges.

Texas

Abortion is prohibited at any stage of pregnancy, unless there is a life-threatening medical emergency.

Doctors who break the abortion law could face life in prison and massive fines. There is no exception in the law for rape or incest.

Utah

Abortion is permitted until 18 weeks of pregnancy, and afterward only if there is a risk to the life or health of the pregnant woman, there is a fetal abnormality, or the pregnancy resulted from rape or incest.

In 2020, the Utah legislature passed a trigger ban, which provides exceptions when the life of a pregnant woman is at risk, a pregnancy resulted from rape or incest, or two qualified physicians determine that a fetus has a certain type of defect. However, a judge has temporarily halted the enforcement of this law.

Vermont

Abortion is broadly permitted throughout pregnancy.

Under a 2019 law, Vermont government agencies may not deprive a consenting individual of the choice of terminating their pregnancy. Moreover, in November 2022, Vermont voters passed a proposal that enshrines the right to personal reproductive autonomy in the Vermont Constitution.

Virginia

Abortion is permitted during the first and second trimesters of pregnancy, and afterward only if there is a risk to the life or health of the pregnant woman.

Virginia did not enact a trigger ban or any other law that would take effect after the Dobbs decision. Governor Glenn Youngkin supports pro-life views and hopes to impose abortion restrictions. These will be hard to enact because Democrats control the Virginia Senate.

Washington

Abortion is permitted until viability, and afterward only if there is a risk to the life or health of the pregnant woman.

State authorities acknowledge that all people have the right to choose or refuse to have an abortion. Governor Jay Inslee issued a directive that prohibits state police from cooperating with out-of-state investigatory requests related to abortion.

Washington, D.C.

Abortion is broadly permitted throughout pregnancy.

Pro-choice Mayor Muriel Bowser is committed to keeping Washington, D.C. a safe and legal city for abortion care. However, she has acknowledged that the city is subservient to Congress because it lacks statehood.

West Virginia

Abortion is prohibited at any stage of pregnancy, except in medical emergencies and certain cases involving rape or incest.

A medical emergency arises when an abortion is necessary to prevent the death of the pregnant woman or a serious risk of substantial and irreversible physical impairment. An adult victim of rape or incest can get an abortion until eight weeks of pregnancy if they report the crime to law enforcement. Separate rules apply to minor victims of rape or incest. Doctors who violate the law may face up to 10 years in prison. West Virginia voters previously approved a constitutional amendment specifying that the West Virginia Constitution does not protect the right to abortion.

Wisconsin

Abortion is prohibited at any stage of pregnancy, unless there is a risk to the life of the pregnant woman.

A 19th-century Wisconsin law that bans abortions was never repealed and is technically in effect. Violators could face 1-6 years in prison. Attorney General Josh Kaul has brought a lawsuit against this law, but it does not seem likely to get quick results.

Wyoming

Abortion is permitted until viability, and afterward only if there is a risk to the life or health of the pregnant woman.

Under the pre-existing statute attached to the trigger law in Wyoming, abortion would be prohibited except in situations involving rape, incest, or a risk of death or serious injury for a pregnant woman. Violators could face felony charges and up to 14 years in prison. However, the law has been blocked from taking effect while litigation is pending.

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