A State-by-State Guide of Abortion Restrictions
Prior to Dobbs v. Jackson Women’s Health Organization, abortion was legal in all 50 states in the U.S. Now, however, the legality of the procedure depends on where a woman lives. The circumstances surrounding a woman’s pregnancy can also affect the legality of an abortion in some states. States that ban abortions make exceptions if a mother’s life is in danger, and many of these states will also allow exceptions if the pregnancy is the result of rape or incest.
Where Is Abortion Legal?
Abortion is fully legal in 25 states plus Washington, D.C. In almost all cases, however, this means that the procedure is allowed up until the point of fetal viability. The limit is based on when a baby would be able to survive outside the womb and does not take into account that a baby can feel pain weeks before it’s viable.
Five other states allow abortions but place limits on when they may occur. These range between the twelfth and eighteenth week of pregnancy. They do not limit women seeking abortions as nearly 80% of abortions occur before the ninth week of pregnancy.
Where is Abortion Illegal?
Sixteen states ban abortion outright or only allow it up to the sixth week of pregnancy. An additional four states have banned abortion; however, the ban is currently being blocked due to pending litigation. Statisticians often lump these states together as a single group because many women don’t know they’re pregnant until they are nearly at or already past the six-week mark. States with a six-week ban typically have few abortion providers, making it a near outright abortion ban.
States that ban the procedure outright base their ban on the fact that life begins as soon as fertilization occurs. Thus, an unborn child should have the same right to life as any other human being.
Abortion Laws by State
The following overview of abortion laws by state is current as of November 14, 2023. Pending litigation in many states can affect abortion laws, as can changes in political leadership.
Alabama
Abortion is illegal at all stages of pregnancy. However, doctors can perform the procedure if the mother’s life or health is in danger, or if the baby has a fatal anomaly.
Alaska
Abortion is legal, without limits or conditions. Minors can obtain one without parental consent.
Arizona
At present, Arizona allows women to obtain abortions up until the fifteenth week of pregnancy. What’s more, the state’s governor and attorney general have banned prosecutors from pressing charges when abortion occurs after the fifteenth week, rendering the law moot. However, the state’s Supreme Court is currently reviewing a case regarding the enforcement of an 1864 law banning all abortions unless a mother’s life is in danger. If the court deems the law valid, abortion would automatically become illegal in the state. The only grounds for an exception would be if the mother’s life were in danger.
Arkansas
Abortion is illegal at all stages of pregnancy unless the mother’s life is in danger.
California
Abortion is legal up until the baby is viable. Minors do not need parental permission to obtain the procedure.
Colorado
Abortion is legal at all stages of pregnancy. However, parents or legal guardians must be notified before a minor receives an abortion.
Connecticut
Connecticut allows women to obtain an abortion up until the baby is viable. However, a woman can obtain the procedure even after this point if an abortion is needed to protect the mother’s life, physical health, and/or mental health. Minors do not have to receive parental permission to obtain an abortion.
Delaware
Abortion is legal up until a baby is viable. Minors under the age of 16 must notify a parent or guardian in order to obtain an abortion.
Florida
At present, women in Florida can obtain an abortion up until the fifteenth week of pregnancy. Minors who want to obtain an abortion need parental consent.
In April 2023, the state’s governor signed a bill passing a “trigger law” that would ban the procedure after the sixth week of pregnancy. However, pending litigation before the state’s supreme court will determine if this ban will go into effect.
Georgia
Abortion in Georgia is only legal up until a woman is six weeks pregnant. Minors who want to obtain the procedure would need to notify a parent or guardian first. The state’s Supreme Court has dismissed a challenge that claimed the ban violated the U.S. Constitution. However, litigation is pending in lower courts due to a claim that the ban goes against Georgia’s state constitution.
Hawaii
Women in Hawaii can obtain an abortion up until the point when the baby is viable. However, a woman can obtain an abortion after this point if her life or health is in danger. Minors do not have to notify a parent or guardian before an abortion.
Idaho
Abortion is illegal in Idaho unless the mother’s life is in danger. There is also an exception for victims of rape or incest.
Illinois
Abortion is legal up until the point when a baby is viable, and minors do not need to notify a parent before obtaining the procedure. Abortions are on the rise, in large part because the state prides itself on being an “abortion tourist destination” for women in nearby states who cannot legally obtain an abortion in their home state.
Indiana
Abortion is illegal in Indiana at all stages of pregnancy. However, women can obtain one if her life or physical health is in danger, or the baby has a fatal abnormality. Victims of rape or incest can obtain an abortion up until the tenth week of pregnancy.
Iowa
Abortion in Iowa is currently legal up until the twentieth week of pregnancy. The state passed a law banning the procedure after the sixth week of pregnancy, but the ban has been blocked by the courts. Litigation is pending as the state’s governor and lawmakers push for the ban to become law. However, even if the ban does become law, exceptions would be allowed for victims of rape and incest, mothers carrying a baby with a fatal abnormality, and in the event of a medical emergency.
Kansas
Abortion is legal up until the twentieth week of pregnancy. Minors need parental consent to obtain the procedure.
Kentucky
Abortion is illegal. A doctor can only perform the procedure if a woman is dying or one of her “life-sustaining organs” is in danger of permanent impairment.
Louisiana
Abortion is illegal. However, a woman can obtain one if her life is in danger, or the baby has an abnormality.
Maine
Abortion is legal at all stages of pregnancy, although a licensed doctor must approve the procedure if the baby is viable. Minors do not need to notify a parent before obtaining an abortion.
Maryland
Abortion is legal up until the baby is viable. Minors must notify a parent or guardian before obtaining an abortion.
Massachusetts
Abortion rights are enshrined in state law and the procedure is legal up until the twenty-fourth week of pregnancy. Minors under the age of 16 must obtain parental consent in order to have an abortion.
Michigan
Abortion is legal up until the baby is viable. Minors under the age of 18 need parental permission to obtain an abortion.
Minnesota
Women can obtain an abortion up until the point when the baby becomes viable. Minors do not need to notify their parents or receive parental permission in order to obtain an abortion.
Mississippi
Abortion is illegal at all stages of pregnancy unless the mother’s life is in danger or the pregnancy is the result of rape.
Missouri
Abortion is illegal at all stages of pregnancy. A woman can only obtain the procedure in the state if her life is severely at risk.
Montana
At present, abortion in Montana is legal up until the point when the baby is viable. Minors under the age of 16 need parental consent before obtaining the procedure. However, the state governor and legislature are actively looking for ways to limit abortion access with the end goal of protecting life “from the moment of conception.” Recent bills designed to limit abortion access will likely be subject to litigation for the foreseeable future.
Nebraska
Abortion is legal up until the twelfth week of pregnancy. Minors need parental permission in order to obtain an abortion.
Nevada
Abortion is legal up until the twenty-fourth week of pregnancy, and minors do not need parental consent before obtaining an abortion.
New Hampshire
Abortion is legal up until the twenty-fourth week of pregnancy. Minors need parental permission for the procedure.
New Jersey
Abortion is legal and there are no limits on when a woman can have one. Minors do not need parental permission to receive an abortion.
New Mexico
Abortion is legal at all stages of pregnancy, and minors can obtain one without parental permission.
New York
Abortion is allowed up until the baby is twenty-four weeks old. However, a woman can have an abortion after this time period if her life is in danger or the baby isn’t viable.
North Carolina
Abortion is legal up until the twelfth week of pregnancy, but victims of rape or incest can obtain an abortion up until the twentieth week of pregnancy. If the baby has a “life-limiting” abnormality, abortion is allowed up until the twenty-fourth week of pregnancy. However, a qualified doctor can give permission for a woman to have an abortion at any stage of pregnancy if her life is in danger. Minors need parental consent to obtain the procedure.
North Dakota
Abortion is illegal after the sixth week of pregnancy. Exceptions to the rule are allowed for victims of rape or incest, or cases when a mother’s life is in danger.
Ohio
Abortion is legal up until the twenty-second week of pregnancy, but only because the courts have blocked an abortion ban that would prohibit the procedure after the sixth week of pregnancy. In November 2023, state voters ratified an amendment that would establish a constitutional right to abortion in the state up until the point of fetal viability. However, the state legislature is already looking for ways to limit the impact of the vote by blocking the courts from interpreting the new amendment.
Oklahoma
Abortion is illegal unless the mother’s life is in danger.
Oregon
Abortion is legal at all stages of pregnancy and minors do not require parental consent in order to obtain an abortion.
Pennsylvania
Abortion is legal up until the twenty-fourth week of pregnancy, but minors need parental consent in order to obtain the procedure.
Rhode Island
Abortion is legal up until the point when a baby is viable. Parental consent is required for minors who want the procedure.
South Carolina
Abortion is legal but only up to the sixth week of pregnancy. Minors under the age of 17 need parental permission for the procedure.
South Dakota
Abortion is illegal in the state and can only be performed if the mother’s life is in danger.
Tennessee
Abortion is illegal in the state. However, there are a few exceptions allowed. If a woman has a molar or ectopic pregnancy or needs an abortion after a miscarriage, a doctor can perform the procedure. Abortion is also allowed to save a woman’s life or “prevent serious risk of substantial and irreversible impairment of a major bodily function.”
Texas
Abortion is illegal and can only be performed if a mother’s life is in danger.
Utah
Abortion is currently legal up until the eighteenth week of pregnancy, but litigation is pending over the passage of a bill that would ban the procedure. If the ban is upheld by the court, abortion would only be allowed if a woman’s life was in danger, the pregnancy was a result of rape or incest, or in the case of a baby that had a lethal abnormality or severe brain abnormality.
Vermont
Abortion is legal at all stages of pregnancy and minors don’t need parental consent for the procedure.
Virginia
Abortion is legal up until the twenty-fifth week of pregnancy. Minors need parental consent in order to obtain an abortion.
Washington
Abortion is legal up until the point of fetal viability and minors don’t need parental consent in order to obtain an abortion.
Washington, D.C.
Abortion is legal and there are no restrictions on when a woman can have one.
West Virginia
Abortion is illegal unless the baby has a fatal anomaly or the mother’s life is in danger. However, if the pregnancy is the result of rape, a woman can obtain an abortion up until the eleventh week of pregnancy. The ban has been challenged in court and litigation is pending.
Wisconsin
The legality of abortion in Wisconsin is in a state of flux. Starting September 2023, abortion providers have been offering the procedure up until the twentieth week of pregnancy. However, litigation is pending over an 1849 law that outlawed the procedure.
Wyoming
Abortion is legal up until the point when the baby becomes viable. Minors can obtain an abortion with parental consent. However, litigation is pending over a near-total ban passed by the state’s legislature. If the courts uphold the ban, abortion would be illegal unless the pregnant woman’s life was in danger or the pregnancy was the result of rape or incest.
Where Can Someone Go for Help?
An abortion is not a medical procedure to be entered into lightly. It can have a very real, long-term negative impact on a woman’s physical and mental health. For this reason, Caring Network strives to provide free early pregnancy services and emotional support to women dealing with unplanned pregnancies. By providing consultations with an expert team member and accurate options information, we help women make informed healthcare decisions. Feel free to get in touch with us if you or someone you know could benefit from our services.
Sources:
Abortion rights across the US: we track where laws stand in every state | Roe v Wade | The Guardian
Abortion law in the United States by state – Wikipedia
Montana Imposes New Restrictions on Abortion Access | Democracy Now!
Montana Governor Signs Abortion Bills, Will Sign Others (usnews.com)
