- After Roe v. Wade was overturned in June, multiple state governments have banned virtually all abortions.
- But some of these laws have been held up in court.
- Additionally, other states have passed laws to strengthen access to abortion and reproductive care.
- Some states will have initiatives on the ballot this fall that may help strengthen access to abortion.
On June 24, 2022, the Supreme Court of the United States overturned Roe v. Wade, the landmark 1973 decision that established a constitutional right to abortion across the country.
As a result of the ruling, individual states have the ability to set their own abortion laws.
Now some states have passed laws to restrict abortion to certain points in pregnancy or virtually ban it nearly altogether.
Some of those restrictions have been temporarily blocked due to court challenges.
Voters in some states will also have the opportunity to vote on abortion-related ballot measures in the upcoming midterm elections.
This round-up provides an overview of the current legal status of abortion in all 50 states and Washington, D.C. The information in this article was accurate and up to date at the time of publication, but it’s possible that some information has since changed.
To learn about your legal rights, consider contacting the Repro Legal Helpline through a secure online form or by calling 844-868-2812.
Here are some common terms that you might come across while learning about abortion laws:
- Viability. A pregnancy reaches viability when the fetus can potentially survive outside of the uterus. Multiple factors can affect viability, but it usually begins around 23-24 weeks.
- Endangerment. Many states that restrict or prohibit abortion make exceptions for pregnancies that put your health or life in danger. In some cases, these exceptions only apply to physical and/or severe health risks.
- Fetal anomaly. Some states that restrict or prohibit abortion make exceptions for fetal anomalies, which are physical or genetic conditions that may negatively affect a fetus’s development. In many cases, these exceptions only apply to severe or fatal anomalies.
Connecticut
In Connecticut, abortion is legal and unrestricted until a pregnancy reaches viability. After viability, abortion is only legal if your physical or mental health or life is in danger.
Additional restrictions:
- None
Delaware
In Delaware, abortion is legal until a pregnancy reaches viability. After that, abortion is only legal if:
- it’s necessary to save your life
- your physical or mental health is at risk
- the fetus isn’t expected to survive pregnancy.
Additional restrictions:
- Parental notification: If you’re under age 16, a parent or legal guardian must be notified before you can get an abortion. In some cases, you may seek a judicial bypass to waive this requirement.
Maine
In Maine, abortion is legal and unrestricted until a pregnancy reaches viability. After that, abortion is only legal if your physical or mental health or life is in danger.
Additional restrictions:
- None
Massachusetts
In Massachusetts, abortion is legal before 24 weeks of pregnancy. From week 24 onwards, it’s only legal if:
- it’s necessary to save your life
- your physical or mental health is at risk
- the fetus isn’t expected to survive pregnancy.
Additional restrictions:
- Parental notification: If you’re under age 16, a parent or legal guardian must be notified before you can get an abortion. In some cases, you may seek a judicial bypass to waive this requirement.
Maryland
In Maryland, abortion is legal until a pregnancy reaches viability. After viability, abortion is only legal if:
- it’s necessary to save your life
- your physical or mental health is at risk
- the fetus has or is expected to develop serious health issues
Additional restrictions:
- Parental notification: If you’re under age 18, a parent or legal guardian must be notified before you can get an abortion. In some cases, an abortion provider can waive this requirement.
New Hampshire
In New Hampshire, abortion is legal before 24 weeks of pregnancy. From 24 weeks onwards, it’s only legal if:
- it’s necessary to save your life
- your physical health is in danger
- the fetus isn’t expected to survive pregnancy.
Additional restrictions:
- Parental notification: If you’re under age 18, a parent or legal guardian must be notified before you can get an abortion. In some cases, you may seek a judicial bypass to waive this requirement.
- Ultrasound: You must get an ultrasound before receiving an abortion at or after 24 weeks.
New Jersey
Abortion is legal and unrestricted in New Jersey.
Additional restrictions:
- None
New York
In New York, abortion is legal and unrestricted until a pregnancy reaches viability. After that, abortion is only legal if your physical or mental health or your life is in danger or if the fetus will not survive.
Additional restrictions:
- None
Pennsylvania
In Pennsylvania, abortion is legal before 24 weeks of pregnancy. From week 24 onwards, it’s only legal if your physical health is at serious risk or your life is in danger.
Additional restrictions:
- Parental notification and consent: If you’re under age 18, a parent or legal guardian must give their permission before you can get an abortion. In some cases, you may seek a judicial bypass to waive this requirement.
- Counseling and wait period: You must receive state-directed counseling and then wait 24 hours before getting an abortion. This counseling includes information designed to discourage you from getting an abortion.
Rhode Island
In Rhode Island, abortion is legal until a pregnancy reaches viability. After viability, abortion is only legal if it’s necessary to save your life.
Additional restrictions:
- Parental notification and consent: If you’re under age 18, a parent or legal guardian must give their permission before you can get an abortion. In some cases, you may seek a judicial bypass to waive this requirement.
Vermont
Abortion is currently legal and unrestricted in Vermont. You can legally get an abortion at any stage of pregnancy.
Voters in Vermont’s midterm elections will have the opportunity to vote on a constitutional amendment to protect the right to abortion in the state.
Additional restrictions:
- None
Washington, D.C.
Abortion is currently legal and unrestricted in Washington, DC. You can legally get an abortion at any stage of pregnancy.
Additional restrictions:
- None
Alabama
In Alabama, abortion is banned with very limited exceptions. It’s only legal if it’s necessary to prevent serious risks to your physical health or save your life. There’s no exception for rape or incest.
Arkansas
In Arkansas, abortion is banned with very limited exceptions. It’s only legal if it’s necessary to save your life. There’s no exception for rape or incest.
Florida
In Florida, abortion is legal until 15 weeks of pregnancy. After that, it’s only legal if:
- it’s necessary to save your life
- it’s necessary to prevent a serious risk to your physical health
- the fetus isn’t expected to survive pregnancy
There’s no exception for rape or incest.
Abortion providers are suing to block the ban on abortion after 15 weeks.
Additional restrictions:
- Parental notification and consent: If you’re under age 18, a parent or legal guardian must give their permission before you can get an abortion. In some cases, you may seek a judicial bypass to waive this requirement.
- Counseling and wait period: You must receive state-directed, in-person counseling and then wait 24 hours before getting an abortion. This counseling includes information designed to discourage you from getting an abortion.
- Ultrasound: You must get an ultrasound before receiving an abortion. The healthcare provider must offer you the choice to view the ultrasound image.
Georgia
In Georgia, abortion is legal until a so-called fetal heartbeat is detected, around 6 weeks of pregnancy.
At six weeks of pregnancy, embryos don’t have hearts just cells that emit an electrical charge, which can be detected on an ultrasound.
After that, abortion is only legal if:
- it’s necessary to save your life
- it’s necessary to prevent a serious risk to your physical health
- the fetus isn’t expected to survive pregnancy
- the pregnancy resulted from rape or incest
Additional restrictions:
- Parental notification: If you’re under age 18, a parent or legal guardian must be notified before you can get an abortion. In some cases, you may seek a judicial bypass to waive this requirement.
- Counseling and wait period: You must receive state-directed counseling and then wait 24 hours before getting an abortion. This counseling includes information designed to discourage you from getting an abortion.
Louisiana
In Louisiana, abortion is banned with very limited exceptions. It’s only legal if:
- it’s necessary to save your life
- it’s necessary to prevent a serious risk to your physical health
- the fetus isn’t expected to survive pregnancy
There’s no exception for rape or incest.
Mississippi
In Mississippi, abortion is banned with very limited exceptions. It’s only legal if:
- it’s necessary to save your life
- it’s necessary to prevent a serious risk to your physical health
- the fetus has or is expected to develop serious health issues
- the pregnancy resulted from rape
North Carolina
In August 2022, a US district court judge in North Carolina allowed a 2019 abortion law to go into effect. Under this law, abortion is legal up to 20 weeks of pregnancy. After that, it’s only legal if your health or life is in danger.
Additional restrictions:
- Parental notification and consent: If you’re under age 18, a parent or legal guardian must give their permission before you can get an abortion. In some cases, you may seek a judicial bypass to waive this requirement.
- Counseling and wait period: You must receive state-directed counseling and then wait 72 hours before getting an abortion. This counseling includes information designed to discourage you from getting an abortion.
- Ultrasound: You must get an ultrasound before receiving an abortion.
- Telemedicine: Providers aren’t allowed to use telemedicine to administer medication for abortion.
South Carolina
In June 2022, South Carolina passed a law to ban abortion after a so-called fetal heartbeat is detected, which typically happens around 6 weeks of pregnancy.
At six weeks of pregnancy, embryos don’t have hearts just cells that emit an electrical charge, which can be detected on an ultrasound.
However, the South Carolina Supreme Court has temporarily blocked that law.
While that law is blocked, abortion is legal before 22 weeks of pregnancy. From 22 weeks onwards, it’s only legal if:
- it’s necessary to save your life
- it’s necessary to prevent a serious risk to your physical health
- the fetus isn’t expected to survive pregnancy
- the pregnancy resulted from rape or incest
Additional restrictions:
- Parental notification and consent: If you’re under age 17, a parent or legal guardian give their permission before you can get an abortion. In some cases, you may seek a judicial bypass to waive this requirement.
- Counseling and wait period: You must receive state-directed counseling and then wait 24 hours before getting an abortion. This counseling includes information designed to discourage you from getting an abortion.
- Telemedicine: Providers aren’t allowed to use telemedicine to administer medication for abortion.
Tennessee
In Tennessee, abortion is banned with very limited exceptions. It’s only legal if:
- it’s necessary to save your life
- your physical health is at serious risk
- the fetus isn’t expected to survive pregnancy
There’s no exception for rape or incest.
Kentucky
In Kentucky, abortion is currently banned with very limited exceptions. Abortion is only legal if it’s necessary to prevent serious risks to your physical health or save your life. There’s no exception for rape or incest.
In November’s midterm elections, Kentucky voters will be asked to vote on a ballot measure to establish that the state constitution does not recognize or protect a right to abortion.
Virginia
In Virginia, abortion is legal before 27 weeks of pregnancy. From week 27 onwards, it’s only legal if your physical or mental health or your life is in danger.
Additional restrictions:
- Parental notification and consent: If you’re under age 18, a parent or legal guardian must give their permission before you can get an abortion. In some cases, you may seek a judicial bypass to waive this requirement.
West Virginia
As of September 16, 2022, abortion is banned with very limited exceptions in West Virginia.
It’s only legal if:
- your life or physical health is in danger
- the fetus isn’t expected to survive pregnancy
- the pregnancy resulted from rape or incest
Illinois
In Illinois, abortion is legal until a pregnancy reaches viability. After viability, abortion is only legal if your health or life is in danger.
Indiana
In August 2022, Indiana legislators passed a law to ban nearly all abortions. It was scheduled to come into effect in September. However, it’s currently being challenged in court and has been temporarily blocked.
While that law is blocked, abortion is legal before 22 weeks of pregnancy. From week 22 onwards, it’s only legal if your physical health or life is in danger.
Additional restrictions:
- Parental notification and consent: If you’re under age 18, a parent or legal guardian must give their permission before you can get an abortion. In some cases, you may seek a judicial bypass to waive this requirement.
- Counseling and wait period: You must receive state-directed, in-person counseling and then wait 18 hours before getting an abortion. This counseling includes information designed to discourage you from getting an abortion.
- Ultrasound: You must get an ultrasound before receiving an abortion. The healthcare provider must offer you the choice to view the ultrasound image.
- Telemedicine: Providers aren’t allowed to use telemedicine to administer medication for abortion.
Iowa
Currently, abortion is legal before 22 weeks of pregnancy in Iowa. From 22 weeks onwards, it’s only legal if your physical health or life is in danger.
In 2018, Gov. Kim Reynolds (R) signed a more restrictive law that would only allow abortion until a so-called fetal heartbeat is detected, around 6 weeks of pregnancy. A Polk County district court blocked that law from coming into effect. Now, Gov. Reynolds is asking the court to reinstate the law.
At six weeks of pregnancy, embryos don’t have hearts just cells that emit an electrical charge, which can be detected on an ultrasound.
Additional restrictions:
- Parental notification: If you’re under age 18, a parent or legal guardian must be notified before you can get an abortion. In some cases, you may seek a judicial bypass to waive this requirement.
- Counseling and wait period: You must receive state-directed, in-person counseling and then wait 24 hours before getting an abortion. This counseling includes information designed to discourage you from getting an abortion.
- Ultrasound: You must get an ultrasound before receiving an abortion. The healthcare provider must offer you the choice to view the ultrasound image.
Kansas
In August 2022, Kansas voters rejected a ballot measure that would have removed abortion protections from the state constitution.
In Kansas, abortion is legal before 22 weeks of pregnancy. From 22 weeks onwards, it’s only legal if your physical health or life is in danger.
Additional restrictions:
- Parental notification and consent: If you’re under age 18, both of your parents or legal guardians must give their permission before you can get an abortion. In some cases, you may seek a judicial bypass to waive this requirement.
- Counseling and wait period: You must receive state-directed counseling and then wait 24 hours before getting an abortion. This counseling includes information designed to discourage you from getting an abortion.
- Ultrasound: You must get an ultrasound before receiving an abortion. The healthcare provider must offer you the choice to view the ultrasound image.
- Telemedicine: Providers aren’t allowed to use telemedicine to administer medication for abortion.
Michigan
Abortion is currently legal in Michigan until a pregnancy reaches viability. After viability, it’s only legal if it’s necessary to save your life.
Voters in Michigan’s midterm elections will have the chance to vote on an amendment to protect the right to abortion in the state’s constitution.
Additional restrictions:
- Parental notification and consent: If you’re under age 18, a parent or legal guardian must give their permission before you can get an abortion. In some cases, you may seek a judicial bypass to waive this requirement.
- Counseling and wait period: You must receive state-directed counseling and then wait 24 hours before getting an abortion. This counseling includes information designed to discourage you from getting an abortion.
Minnesota
In Minnesota, abortion is legal until a pregnancy reaches viability. After viability, it’s only legal if your physical or mental health or your life is in danger.
Additional restrictions:
- Parental notification and consent: If you’re under age 18, a parent or legal guardian must give their permission before you can get an abortion. In some cases, you may seek a judicial bypass to waive this requirement.
- Counseling and wait period: You must receive state-directed counseling and then wait 24 hours before getting an abortion. This counseling includes information designed to discourage you from getting an abortion.
Missouri
In Missouri, abortion is banned with very limited exceptions. It’s only legal if your physical health is at serious risk or if it’s necessary to save your life. There’s no exception for rape or incest.
Nebraska
In Nebraska, abortion is legal before 22 weeks of pregnancy. From 22 weeks onwards, it’s only legal if your physical health or life is in danger.
Additional restrictions:
- Parental notification and consent: If you’re under age 18, a parent or legal guardian must give their permission before you can get an abortion. In some cases, you may seek a judicial bypass to waive this requirement.
- Counseling and wait period: You must receive state-directed counseling and then wait 24 hours before getting an abortion. This counseling includes information designed to discourage you from getting an abortion.
- Telemedicine: Providers aren’t allowed to use telemedicine to administer medication for abortion.
North Dakota
Before Roe v. Wade was overturned, North Dakota passed a trigger law that would ban nearly all abortions. However, after an abortion provider filed suit to challenge the ban, a judge temporarily blocked it before it could come into effect.
While that law is blocked, abortion is legal before 22 weeks of pregnancy. From week 22 onwards, it’s only legal if your physical health or life is in danger.
Additional restrictions:
- Parental notification and consent: If you’re under age 18, both parents or legal guardians must give their permission before you can get an abortion. In some cases, you may seek a judicial bypass to waive this requirement.
- Counseling and wait period: You must receive state-directed counseling and then wait 24 hours before getting an abortion. This counseling includes information designed to discourage you from getting an abortion.
- Telemedicine: Providers aren’t allowed to use telemedicine to administer medication for abortion.
Ohio
In June 2022, Ohio passed a law to ban abortion after a so-called fetal heartbeat is detected, which typically happens around 6 weeks of pregnancy. However, that fetal heartbeat law has been temporarily blocked and is currently being challenged in court.
At six weeks of pregnancy, embryos don’t have hearts just cells that emit an electrical charge, which can be detected on an ultrasound.
While that law is blocked, abortion is legal before 22 weeks of pregnancy. From 22 weeks onwards, it’s only legal if your physical health or life is in danger.
Additional restrictions:
- Parental notification and consent: If you’re under age 18, a parent or legal guardian give their permission before you can get an abortion. In some cases, you may seek a judicial bypass to waive this requirement.
- Counseling and wait period: You must receive state-directed, in-person counseling and then wait 24 hours before getting an abortion. This counseling includes information designed to discourage you from getting an abortion.
South Dakota
In South Dakota, abortion is banned with very limited exceptions. It’s only legal if your physical health is at serious risk or it’s necessary to save your life. There’s no exception for rape or incest.
Wisconsin
When Roe. v. Wade was overturned, a long-dormant 1849 Wisconsin law came into effect. Under this law, abortion is only legal if your health or life is in danger. There’s no exception for rape or incest.
Attorney General Josh Kaul (D) is currently suing public officials to block the enforcement of this law. If he’s successful, abortion will be legal before 22 weeks of pregnancy. From 22 weeks onwards, it will only be legal if it’s necessary to prevent serious risk to your physical health or save your life.
Arizona
On September 23, 2022, a state judge reinstated a law from 1864 that bans abortion with very limited exceptions. As a result, abortion is only legal in this state if it’s necessary to save your life. There’s no exception for rape or incest.
Before this ruling, state legislators had passed a law that would allow abortion up to 15 weeks of pregnancy.
New Mexico
Abortion is legal and unrestricted in New Mexico. You can legally get an abortion at any stage of pregnancy.
Additional restrictions:
- None
Oklahoma
In Oklahoma, abortion is banned with very limited exceptions. It’s only legal if it’s necessary to save your life. There’s no exception for rape or incest.
Texas
In Texas, abortion is banned with very limited exceptions. It’s only legal if it’s necessary to prevent serious risk to your physical health or save your life. There’s no exception for rape or incest.
Alaska
In Alaska, abortion is legal at any stage in pregnancy.
Additional restrictions:
- Counseling: You must receive state-directed counseling before getting an abortion. This counseling includes information designed to discourage you from getting an abortion.
California
In November’s midterm elections, Californians will be invited to vote on an amendment to enshrine the right to abortion in the state’s constitution.
Abortion is currently legal and unrestricted until a pregnancy reaches viability. After viability, abortion is only legal if your health or life is in danger.
Additional restrictions:
- None
Colorado
Abortion is legal and unrestricted in Colorado, where you can legally get an abortion at any stage of pregnancy.
Additional restrictions:
- Parental notification: If you’re under age 18, a parent or legal guardian must be notified before you can get an abortion. In some cases, an abortion provider can waive this requirement.
Hawaii
In Hawaii, abortion is legal and unrestricted until a pregnancy reaches viability. After viability, it’s only legal if your physical or mental health or your life is in danger.
Additional restrictions:
- None
Idaho
In Idaho, abortion is banned with very limited exceptions. It’s only legal if it’s necessary to save your life or the pregnancy resulted from rape or incest.
Montana
In 2021, Montana legislators passed three laws to ban abortion beyond 20 weeks of pregnancy. However, a district court blocked those laws from coming into effect while a court challenge from Planned Parenthood is underway. The Montana Supreme Court upheld that block in August 2022.
While those laws are blocked, abortion is legal and unrestricted until a pregnancy reaches viability. After viability, it’s only legal if it’s necessary to prevent serious risk to your physical health or save your life.
Voters in Montana’s midterm elections will be asked to vote on a law that would require medical care to be provided to infants that are born alive following a failed abortion.
Additional restrictions:
- None
Nevada
Abortion is legal and unrestricted in Nevada until 24 weeks of pregnancy. After that, it’s only legal if your physical or mental health or your life is in danger.
Additional restrictions:
- None
Oregon
In Oregon, abortion is legal and unrestricted at any stage of pregnancy.
Additional restrictions:
- None
Utah
When Roe v. Wade was overturned, a Utah trigger law came into effect to ban nearly all abortions. However, a judge had temporarily blocked that ban.
While that law is blocked, abortion is legal until 18 weeks of pregnancy. After that, it’s only available if:
- it’s necessary to save your life or prevent serious risk to your physical health
- the fetus isn’t expected to survive pregnancy
- the pregnancy resulted from rape or incest
Additional restrictions:
- Parental notification and consent: If you’re under age 18, a parent or legal guardian must give their permission before you can get an abortion. In some cases, you may seek a judicial bypass to waive this requirement.
- Counseling and wait period: You must receive state-directed, in-person counseling and then wait 72 hours before getting an abortion. This counseling includes information designed to discourage you from getting an abortion.
Washington
In Washington, abortion is legal and unrestricted until a pregnancy reaches viability. After viability, abortion is only legal if your health or life is in danger.
Additional restrictions:
- None
Wyoming
When Roe v. Wade was overturned, a Wyoming trigger law briefly came into effect to ban nearly all abortions. However, that law is currently being challenged in court and is temporarily blocked.
While that law is blocked, abortion is legal until a pregnancy reaches viability. After viability, abortion is only legal when your physical or mental health or your life is in danger.
Additional restrictions:
- Parental notification and consent: If you’re under age 18, a parent or legal guardian must give their permission before you can get an abortion. In some cases, you may seek a judicial bypass to waive this requirement.