Laws on abortion are changing day by day and often hour by hour across the 50 states following the reversal of Roe v. Wade on June 24. Below is a breakdown of the status of abortion laws in each state.
On May 15, 2019, Alabama Gov. Kay Ivey signed a bill that bans all abortions in Alabama, except for when the life of the mother is at risk or the fetus has a fatal medical condition.
A federal judge issued an injunction on that law in 2019, which was removed immediately upon the release of Dobbs v. Jackson Women’s Health Organization on June 24, restricting abortions in Alabama from that moment.
This means that the law making the performance of an abortion a Class A felony, with minimal exceptions, is now in full effect in Alabama, and offenders can be prosecuted.
In 1972, the right to privacy was made a part of the Alaska Constitution, and the Alaska Supreme Court has ruled multiple times over the years that abortion is part of that right.
Since 2005, women seeking an abortion in Alaska after 20 weeks have been required to be informed about possible risks.
The overturning of Roe v. Wade will lead to a “renewed conversation” about abortion in the state, said Alaska Gov. Mike Dunleavy.
Arizona has two different laws restricting abortion that conflict with one another.
On March 30, Arizona Gov. Doug Ducey signed a law restricting abortion after 15 weeks of pregnancy. There are no exceptions to this law, except for when the life of the mother is in danger.
A previously passed 1901 law bans abortions in all cases, except to save the mother’s life. This law was enjoined by a judge in 1973, following Roe v. Wade, but Arizona Attorney General Mark Brnovich is seeking to remove the injunction.
On June 24, Arkansas Attorney General Leslie Rutledge certified a 2019 bill banning all abortions in the state, except for when the life of the mother is in danger.
Abortion access is unrestricted in California, up until the fetus is viable separate from the mother. This is usually around 23 weeks. After viability, abortions are only allowed when the life of the mother is in danger. Californians will vote in November to add an amendment to the state constitution protecting abortion. Republican lawmakers in the state fear the amendment is too vague and would allow for abortions far into the third trimester.
On April 4, a law was enacted in Colorado making abortion legal in the state up until birth. The Colorado Life Initiative is attempting to add a ballot initiative for the November election that would ban abortion in the state.
Abortion is legal in Connecticut up until the fetus is viable. In April, the state passed a law declaring it to be a “safe harbor” for abortion and for abortion-seekers from other states.
On June 29, Delaware Gov. John Carney signed a law expanding abortion access and protections for abortion providers in the state. Abortions are legal until the fetus is viable.
Currently, the law in Florida allows for all abortions up to the 24th week of pregnancy. In April, Florida Gov. Ron DeSantis signed a law banning abortions after 15 weeks. That law was set to go into effect on July 1, but on June 30 a Florida judge ruled that it violated the state’s constitutionally enshrined right to privacy and put an injunction on the law. The state is appealing that decision.
The law in Georgia currently restricts abortion after the 20th week of pregnancy, except for when the life of the mother is in danger. A law signed in 2019 that restricts abortion after a heartbeat is detectable, which is usually around six weeks into pregnancy, was blocked by a lawsuit. That law would still allow abortions up until 20 weeks for pregnancies proved to be rape or incest. An appeal is now being heard that could possibly overturn that lawsuit and bring the 2019 law into effect.
Hawaii was the first state to decriminalize abortion, doing so in 1970 before the Roe v. Wade ruling. Abortions are currently allowed in Hawaii up until the fetus is viable, which is about 23 weeks. Abortions are allowed after that mark if the mother’s life is at risk. Democrat state legislators issued a statement following the overturning of Roe that said they will “remain vigilant” against possible movements to restrict abortion access.
Currently, in Idaho, abortions are legal in the first and second trimesters of pregnancy. A so-called “trigger law” was signed in Idaho in 2020, set to take effect 30 days after the overturning of Roe. That law will limit all abortions except for cases of rape or incest or when the life of the mother is at risk. A Planned Parenthood affiliate filed a lawsuit on June 27 seeking to block that law.
A 2019 law in Illinois allows abortions up to the point of fetal viability, a point that the law allows to be determined by a doctor.
Currently, abortion is allowed up until 20 weeks in Indiana, except for when the mother’s life is in danger. Indiana Republican lawmakers are gearing up to further restrict abortions at a special legislative session beginning July 25.
Abortion is legal in Iowa up to 20 weeks, but Iowa Gov. Kim Reynolds said that “the fight for life” in Iowa “is not over.” In June, the Iowa Supreme Court reversed an earlier court ruling, a reversal that will now allow for further abortion restrictions. It is still unclear if Reynolds will call a special legislative session to consider further abortion laws.
On August 2, Kansas will be the first state to vote on a constitutional amendment to its state constitution that would establish that there is no such thing as a right to abortion. The amendment would reverse a decision made by the Kansas Supreme Court in 2019 that states the Kansas Bill of Rights includes the right to abortion. Currently, abortion is legal in the state up until the fetus is viable, and after that point only if the life of the mother is threatened.
Two 2019 laws, a “trigger law” that bans all abortions and a “heartbeat law” that bans abortions after six weeks — both including exceptions if the life of the mother is threatened — were blocked by a Kentucky judge on June 30. Kentucky Attorney General Daniel Cameron requested the Kentucky Supreme Court reinstate the trigger law. On July 4, the Supreme Court refused that request. Currently, abortion is restricted after viability, except to preserve the life of the mother.
In Louisiana, there are three different laws banning abortion. Together, the laws ban abortion from conception, the only exception being when the life of the mother is in danger. The laws are currently temporarily blocked by a Louisiana district court. On July 5, Louisiana Attorney General Jeff Landry asked the Louisiana Supreme Court to remove the injunctions.
Abortion is legal in Maine up until the fetus is viable, and Maine Gov. Janet Mills signed an executive order on Tuesday, July 5, that expands abortion laws in the state. The order prevents state agencies from cooperating with different states seeking to prosecute a medical provider for performing abortions in the state. Abortions for low-income women in Maine can be paid for by state funds.
In Maryland, abortions are allowed up until the fetus is considered viable. After the point of viability, abortion is allowed if the life of the mother is threatened, or if the fetus is considered to have a serious defect or abnormality.
On June 29, the Massachusetts House of Representatives passed an abortion expansion bill protecting abortion providers. That bill now goes to the Senate.
Abortion is allowed up until 24 weeks in Massachusetts. After 24 weeks, an abortion can be obtained with a physician’s letter stating that the mother’s physical or mental health is in danger, the fetus has a “lethal” abnormality, or the fetus is incompatible with life outside the womb.
A 1931 Michigan state statute bans abortions in all cases except for when the mother’s life is threatened. Planned Parenthood and Michigan Gov. Gretchen Whitmer each filed lawsuits to prevent that ban from going into effect. In May, a judge ruled that those cases must be resolved before the ban can go into effect. Currently, abortion is restricted in the state only after the fetus is viable.
Abortion is legal in Minnesota up until the fetus is viable. After viability, a procedure can be performed if the mother’s life is at risk and the abortion is necessary to “reasonably assure” a live birth. The abortion law in Minnesota was determined in 1995 when the Minnesota Supreme Court ruled the state constitution protects abortion access and the state must pay for the abortions of low-income women.
An abortion law took effect on July 7 after a failed attempt by the only abortion facility in the state to block the law. That law bans all abortions except for when the mother’s life is in danger or when the fetus is the product of a rape that has been reported to law enforcement.
Missouri had a “trigger law” ready to go in effect with the overturning of Roe. That law was signed just moments after Roe was overturned and bans all abortions except for when the mother’s life is at risk.
In 2021, Montana banned abortions after 20 weeks, except to protect the mother’s life. A 1999 decision by the Montana Supreme Court states that abortion is protected under the state constitution’s right to privacy.
In Nebraska, abortion is legal up until the fetus is viable, though a few localities have banned it. After viability, the mother can receive an abortion if she is the victim of abuse or neglect or if her life is threatened. Nebraska Gov. Pete Ricketts said he is considering calling a special session to further restrict abortion.
In 1990, a Nevada voter referendum codified abortion access into the state’s laws. Abortions are allowed up until 24 weeks of pregnancy, and later if the mother’s life is in danger.
As of January 2022, abortion in New Hampshire is banned after the 24th week of pregnancy, with exceptions allowed for when the life of the mother is in danger or when the fetus has a fatal condition.
New Jersey allows for abortions until birth and does not require parental consent for a minor to get an abortion. The only restriction is against partial-birth abortions after the 12th week of pregnancy.
There are no restrictions on abortions in New Mexico, except for partial-birth abortions.
New York allows abortions up until 24 weeks into pregnancy with no restrictions. After 24 weeks, abortion is allowed if the fetus is not viable or the mother’s life is in danger. Abortion access is codified into New York law.
Under state law, abortion is legal up until 20 weeks. After 20 weeks, abortion is only allowed if the mother’s life is in danger.
On June 28, North Dakota Attorney General Drew Wrigley said the state’s ban on abortion will take effect on July 28. The only exceptions are rape, incest, and when the mother’s life is in danger.
Hours after the overturning of Roe, Ohio’s six-week abortion ban went into effect after a 2019 injunction was lifted from the law. Abortion is allowed after six weeks only due to a medical emergency for the mother.
Multiple laws in Oklahoma restrict abortion. The latest was signed on May 25 by Gov. Kevin Stitt, banning all abortions from fertilization and allowing a private citizen to sue an abortion provider who performs an abortion. The only exceptions are for rape, incest, or if the mother’s life is in danger.
Another has been in place since 1910 and was not enforced under Roe. It says that someone who conducts an abortion will face two to five years in prison. An even more strict law is set to go into effect in August, and under it someone who performs an abortion would receive up to 10 years in jail.
Abortion providers have sued in an attempt to stop the laws from going into effect. Despite the confusion of multiple laws and lawsuits, abortion is still no longer available in the state.
Oregon has no restrictions on abortion up until birth. State law requires that not only Medicaid but also private state-based insurance companies pay for the cost of abortions, with no exceptions.
Abortion in Pennsylvania is allowed up until 24 weeks, and after that only to protect the life of the mother. In 1989, the Pennsylvania Legislature attempted to restrict abortion further, which led to the Casey v, Planned Parenthood of Southeastern Pennsylvania case. The Supreme Court upheld the Roe ruling against the state’s attempted ban.
In 2019, abortion was codified into Rhode Island law, and in May 2022 the Rhode Island Supreme Court ruled that a fetus is not a person. Abortion is currently allowed in the state up until fetus viability, and after that if the mother’s life is in danger. On July 5, Rhode Island Gov. Dan McKee signed an executive order blocking abortion providers in the state from out-of-state lawsuits or liability.
South Carolina’s abortion law went into effect on June 27. It bans abortion from the point the fetal heartbeat can be detected, usually around six weeks. Under 20 weeks, incest and rape are allowed as exceptions. Abortion to protect the life of the mother is an allowed exception at any point.
In South Dakota, all abortions are illegal, except when the mother’s life is in danger. The 2005 “trigger law” went into effect when Roe was overturned and made performing an abortion a felony.
Tennessee has a “trigger law” on the books that is required to go into effect 30 days after the overturning of Roe. The law will ban all abortions from fertilization, except with the mother’s life is in danger. It also makes performing an abortion a felony and punishable by three to 15 years in jail.
Texas already has a heartbeat ban (usually around six weeks) in effect, and abortion is set to be banned completely 30 days after the overturning of Roe. The only exception will be to protect the mother’s life. On July 1, the Texas Supreme Court blocked an injunction brought by the ACLU after Texas Attorney General Ken Paxton pushed to accelerate the date of the total ban. This allows the total abortion ban, a law first passed in 1925, to go into effect in the state.
Currently, abortions in Utah are allowed up until 18 weeks. Another bill that would totally ban abortion, with only a few exceptions, was blocked by a state judge on June 27 after Planned Parenthood of Utah and the ACLU said it violated the Utah constitution.
Abortion is not limited at any point in pregnancy, and abortion access has been codified into Vermont law. In November, the people of Vermont will vote about adding a right to abortion into its state constitution.
Abortions are legal in the first and second trimester in Virginia, and in the third trimester only if continuing the pregnancy impairs the “mental or physical” health of the woman. Partial-birth abortions are banned. Virginia Gov. Glenn Youngkin plans to push the state’s legislature to pass a 15-week abortion ban in the next legislative session.
Washington law allows for abortions up until the fetus is considered viable, and after that point to protect the health of the mother. The state has a website to help women find both an abortion provider and a way to pay for the abortion, a cost that all health plans in the state are required to cover.
Abortion is allowed at all points during pregnancy.
An 1882 law banning abortion is now back in effect in West Virginia. It makes it a felony to perform an abortion, and those who do so face a three- to 10-year jail sentence. Under the law, no person shall be prosecuted if the abortion is to save the life of the mother. West Virginia Gov. Jim Justice said on June 30 that he plans to call a special legislative session to clarify that law.
A statute passed in 1849 has now limited abortion in Wisconsin at any point, except for when the mother’s life is threatened.
Currently, the Wyoming law allows for abortions up until the fetus is viable. After viability is established, abortions are allowed only to preserve the life of the mother. Wyoming has a “trigger law” in effect that would ban abortions at any point, with a threat on the mother’s life being the only exception. That law is to go into effect 30 days after the overturning of Roe, but it must be certified first. Local abortion advocates are preparing to respond with a lawsuit upon certification in an attempt to block the law.
Reporting from The Spectator.