{"id":375943,"date":"2016-03-31T21:36:30","date_gmt":"2016-04-01T02:36:30","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/pennsylvania-law\/pennsylvania-abortion-laws.html"},"modified":"2024-03-21T07:56:38","modified_gmt":"2024-03-21T12:56:38","slug":"pennsylvania-abortion-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/pennsylvania-law\/pennsylvania-abortion-laws.html","title":{"rendered":"Pennsylvania Abortion Laws"},"content":{"rendered":"\n
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Pennsylvania Abortion Laws<\/h1>\n
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\n By John Mascolo, Esq.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Abortion is legal in Pennsylvania through the first 23 weeks of pregnancy. Thereafter, abortion is legal only if necessary to prevent the death of the pregnant woman or substantial and irreversible impairment of a major bodily function of the pregnant woman.<\/p>\r\n

Pennsylvania Abortion Law After <\/b>Dobbs<\/i><\/h2>\r\n

Pennsylvania’s abortion laws<\/a> played a key role in the development of abortion caselaw at the U.S. Supreme Court. Most Americans have heard of Roe v. Wade<\/i><\/a>, the 1973 decision whereby the Court declared a constitutional right to abortion for the first time.<\/p>\r\n

In 1992, the Supreme Court heard a legal challenge to Pennsylvania’s Abortion Control Act. The act was an attempt by a state to limit abortion rights after Roe.<\/i><\/p>\r\n

In Planned Parenthood v. Casey<\/i><\/a>,<\/i> the Court upheld the basic right to abortion in a plurality decision, abandoning Roe’s trimester formula and setting a viability standard instead. The Court concluded that a state regulation could not place an undue burden on a woman’s right to choose abortion before viability.<\/p>\r\n

It upheld regulations such as a waiting period, informed consent, and parental consent. The decision overturned a spousal notice provision as failing the undue burden standard.<\/p>\r\n

In June 2022, the U.S. Supreme Court overruled both Roe<\/i> and Casey<\/i> in Dobbs v. Jackson Women’s Health Organization<\/i><\/a>.<\/i> The Court ended any federal right to abortion. This returned to the states the power to regulate, and even prohibit, abortion. <\/p>\r\n

Pennsylvania Abortion Restrictions<\/b><\/h2>\r\n

Abortion remains legal in Pennsylvania through the first 23 weeks of pregnancy. This time frame aligns with the period that the fetus reaches viability, having the potential to survive outside the uterus. In light of Dobbs<\/i>, the state attorney general’s office provides updated information<\/a> on the legality of abortion services, including a frequently asked questions (FAQ) link.<\/p>\r\n

Pennsylvania law provides several regulations on the provision of abortion services, including:<\/p>\r\n