State Abortion Laws
By Christie Nicholson, J.D. | Legally reviewed by Laura Temme, Esq. | Last reviewed November 19, 2024
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State abortion laws define the methods and circumstances under which a person can terminate a pregnancy. State laws on abortion have changed greatly in recent years for several reasons, including:
- The U.S. Supreme Court's June 2022 ruling in Dobbs v. Jackson Women's Health Organization overturned Roe v. Wade and activated trigger laws in several states.
- Voters have approved abortion-related ballot measures in recent elections.
- Ongoing legal challenges refine and sometimes roll back abortion restrictions.
It's crucial to become familiar with the new laws on abortion access in your state.
Overview of State Abortion Laws
The table below summarizes each state's abortion regulations. Select a state on the list for more information about its abortion laws, including:
- Whether the state has an abortion ban
- The definitions of legal and illegal abortions
- Consent/notice requirements
- Waiting periods
- Penalties for abortion providers who violate these laws
Abortion laws are changing quickly, especially following the Dobbs decision. While we strive to provide the most up-to-date information, it's best to consult with a medical professional or, in some cases, an attorney in your area to understand how these laws might apply to your situation.
Need Legal Help?
Every state has unique laws on reproductive health, and they seem to be ever-changing. You must know whether your state has a total abortion ban or whether abortion access is available to all.
If you have questions about reproductive rights in your state, an attorney may be able to help. A local health care attorney can advise you on patient rights, medical malpractice, and other related issues. To raise a challenge against abortion regulations in your state, consult with a local civil rights attorney. In some states, the attorney general's office can also offer resources for those seeking abortion care.
Abortion Laws by State
Select your state below
| State | Law |
|---|---|
| Alabama | Abortion is illegal in Alabama unless it is medically necessary to preserve the life or health of the pregnant person. There is a 48-hour waiting period, and patients must have an ultrasound, even for medication abortions. |
| Alaska | Alaska has very few abortion restrictions. Abortion is generally legal in Alaska, except that "partial-birth abortions" are legal only if necessary to save the life of the pregnant woman. |
| Arizona | Abortion is legal in Arizona only up to a gestational age of 15 weeks. In November 2024, voters in Arizona passed Proposition 139, a ballot measure that gives pregnant women a constitutional right to abortion care up to the point of fetal viability (24-26 weeks). Abortion will also be legal beyond viability to protect the life or health of the mother. The governor still has to certify the amendment to the state constitution. This is expected to happen around Nov. 25, 2024. The state's current abortion regulations will not automatically go away when the amendment becomes law. They'll have to be challenged in the courts under the new constitutional amendment and ruled unenforceable. In the meantime, the current rules (including the 15-week restriction) remain in effect. |
| Arkansas | Abortion is illegal in Arkansas unless necessary to save the pregnant person's life. There is also a 72-hour waiting period. |
| California | Abortion is legal in California until fetal viability (24-26 weeks). In 2023, the state legislature amended the state constitution to prohibit the government from interfering with or denying the right to reproductive freedom. |
| Colorado | Abortion is legal in Colorado. Also in the 2024 elections, voters passed a ballot measure that would amend the state constitution to protect women’s abortion rights. Lawmakers also repealed a law that said health insurance companies could refuse to cover abortion care for state and local public employees. They also repealed the law stating that Medicaid could deny insurance coverage for an abortion or abortion pills. |
| Connecticut | Abortion is legal in Connecticut until fetal viability (24-26 weeks). After that, abortion is legal only to preserve the life or health of the patient. |
| Delaware | Abortion is legal in Delaware through viability. After that, abortion is legal only if the life of the pregnant woman is at risk or if the fetus is not compatible with life outside the womb without extraordinary efforts. |
| District of Columbia | Abortion is legal in the District of Columbia with no restrictions. |
| Florida | Florida’s abortion laws are complex. There is a six-week ban on abortions. But there are exceptions to this law. For example, women whose pregnancy is the result of rape or incest can have an abortion up to 15 weeks. After that, abortion is legal if necessary to save the pregnant woman's life or to avert a serious risk of substantial and irreversible physical impairment of a major bodily function. |
| Georgia | Abortion is legal in Georgia until a physician can detect a fetal "heartbeat." This typically happens at around six weeks. After that, abortion is illegal except in cases of a medical emergency, a medically futile pregnancy, or in cases of rape or incest where the fetus is at a gestational age of 20 weeks or less. Georgia law also imposes a 24-hour waiting period, which means patients must make two separate trips to get an abortion procedure. |
| Hawaii | Abortion is legal in Hawaii through viability (24-26 weeks). After that, abortion is legal only if the fetus can't survive or the life of the pregnant woman is at risk. |
| Idaho | Abortion policies in Idaho include a near-total ban. Abortion is illegal in Idaho unless necessary to save the life of the pregnant person or in cases of rape or incest. For the rape/incest exception to apply, the victim must report it to law enforcement. When the pregnancy is the result of rape or incest, the exception only extends until the end of the first trimester. |
| Illinois | Abortion is legal in Illinois through viability. After that, abortion is legal only if the health care professional finds it necessary to protect the life or health of the patient. |
| Indiana | Abortion is generally illegal in Indiana, with limited exceptions. In cases of rape or incest, a woman can have an abortion up to 10 weeks. If there is a lethal fetal anomaly, abortion is legal through 20 weeks. A health care professional can perform an abortion when necessary, either to save a woman's life or to prevent a serious health risk. Indiana law also imposes an 18-hour waiting period. |
| Iowa | As of 2024, there is a six-week abortion ban in Iowa. There is also a 24-hour waiting period. |
| Kansas | Abortion is legal in Kansas until the fetus reaches a gestational age of 22 weeks. After that, abortion is only legal to preserve the life or health of the pregnant woman. In 2019, the Kansas State Supreme Court held that the state constitution protects a woman’s autonomy of reproductive rights. |
| Kentucky | Abortion is illegal in Kentucky. There are limited exceptions for when the life or health of the pregnant person is at stake. Kentucky law also imposes a 24-hour waiting period. |
| Louisiana | Abortion is illegal in Louisiana unless necessary to protect the life or health of the pregnant person, or if the pregnancy is medically futile. State law also imposes a 24-hour waiting period. |
| Maine | Abortion is legal in Maine until the fetus is viable (24-26 weeks). After that, abortion is legal only when the physician finds it medically necessary. |
| Maryland | Abortion is legal in Maryland through viability. After that, abortion is legal only to save the pregnant woman’s life or if the fetus has a genetic defect or severe deformity or abnormality. In 2024, voters passed a measure to amend the Maryland state constitution to include the right to reproductive freedom. |
| Massachusetts | Abortion is legal in Massachusetts until 24 weeks of pregnancy. Beyond 24 weeks, abortion is only legal in the following circumstances: To preserve the life of the patient, to preserve the patient's physical or mental health, in cases involving a lethal fetal anomaly or diagnosis, or when a grave fetal diagnosis indicates that the fetus is incompatible with life outside the uterus without extraordinary medical interventions |
| Michigan | There are no gestational restrictions on abortion in Michigan. Also, in 2022, Michigan voters passed Proposal 3, which enshrined a woman's right to abortion in the state constitution. |
| Minnesota | Abortion is legal in Minnesota with no restrictions. |
| Mississippi | Abortion is illegal in Mississippi unless the life of the pregnant person is at risk or in reported cases of rape. The pregnant woman must report the rape to law enforcement for the exception to apply. State law also imposes a 24-hour waiting period. |
| Missouri | Abortion is illegal in Missouri except in the case of a medical emergency. But, in the 2024 election, voters passed a measure amending the state constitution to include the right to reproductive autonomy. This law goes into effect Dec. 5, 2024. But the amendment does not automatically remove the state's restrictions. Advocates will have to sue to get the ban overturned. |
| Montana | Abortion is legal in Montana through viability (24-26 weeks). In the 2024 election, voters passed a measure amending the state constitution to protect the right to abortion care. This amendment bans the government from denying or imposing a burden on those seeking an abortion through viability. This amendment also protects a the right to an abortion in cases where a health care provider indicates that an abortion is necessary to save the life or health of the mother. |
| Nebraska | Abortion is legal in Nebraska for up to 12 weeks into a pregnancy. The state also allows abortion beyond the first trimester in case of a medical emergency, rape, or incest. In the 2024 election, voters in Nebraska passed a measure that makes the state’s 12-week ban on abortion part of the state constitution. |
| Nevada | Abortion is legal in Nevada through 24 weeks. After that, abortion is legal only if necessary to preserve the life or the health of the pregnant person. In the November 2024 election, voters passed a measure amending the state constitution to include reproductive rights. But the measure must pass again in 2026 for the amendment to go into effect. |
| New Hampshire | Abortion is legal in New Hampshire until 24 weeks. After that, abortion is legal only in the case of a medical emergency or a fetal abnormality. |
| New Jersey | Abortion is legal in New Jersey with no restrictions. |
| New Mexico | Abortion is legal in New Mexico with no restrictions. |
| New York | Abortion is legal in New York through 24 weeks (viability). After that, abortion is legal only if the fetus is not compatible with life or if necessary to preserve the pregnant person's life or health. |
| North Carolina | Abortion is legal in North Carolina through the first 12 weeks of pregnancy without restrictions. In cases involving rape or incest, abortion is legal through 20 weeks of pregnancy. In cases where a physician detects a life-limiting anomaly, abortion is legal through 24 weeks. After that, abortion is only legal in cases of medical emergency. |
| North Dakota | Abortion is legal in North Dakota up until 24-26 weeks. But there are no abortion clinics in the state because of the near-total abortion ban passed in 2023. In September 2024, the state Supreme Court struck down the ban, saying it was unconstitutionally vague. |
| Ohio | Abortion is legal in Ohio until 22 weeks. After that, abortion may be restricted unless necessary to protect the life or health of the pregnant patient. In 2023, lawmakers amended the state constitution to include an individual’s right to reproductive freedom and medical treatment. The state still imposes a 24-hour waiting period. In 2024, a judge declared the previous abortion ban unconstitutional. |
| Oklahoma | Abortion is illegal in Oklahoma unless it's to preserve the life or health of the mother. State law also imposes a 72-hour waiting period, and all abortion-related appointments must take place in person. |
| Oregon | Abortion is legal in Oregon with no restrictions. |
| Pennsylvania | Abortion is legal in Pennsylvania through 24 weeks. After that, abortion is legal only if necessary to save the life of the pregnant person. State law imposes a 24-hour waiting period. |
| Rhode Island | Abortion is legal in Rhode Island through viability. After that, abortion is legal only if necessary to save the pregnant woman’s life. |
| South Carolina | South Carolina has a six-week abortion ban. But abortion is legal through the end of the first trimester in the following situations: In cases involving rape or incest, in cases where there is a fetal anomaly, or to save the life or health of the mother |
| South Dakota | Abortion is illegal in South Dakota unless necessary to save the life of the pregnant person. There is also a mandatory 48-hour waiting period. |
| Tennessee | Abortion is illegal in Tennessee unless necessary to save the life of the pregnant person. There is also a 48-hour waiting period. |
| Texas | Abortion is illegal in Texas unless a physician finds, in the exercise of reasonable medical judgment, that it is necessary to prevent the death of the pregnant person or prevent a serious risk of substantial impairment of a major bodily function of the pregnant person. Medication abortions must take place in person, and there is a 24-hour waiting period for all abortion procedures. |
| Utah | Abortion is legal in Utah until 18 weeks of pregnancy. State law also imposes a 72-hour waiting period. |
| Vermont | Abortion is legal in Vermont with no restrictions. In 2023, lawmakers amended the state constitution to protect “personal reproductive autonomy.” |
| Virginia | Abortion is legal in Virginia through the second trimester. Beyond that, a person can only have an abortion after three physicians certify that it is necessary as a continuation of the pregnancy will likely lead to the death of the patient or will substantially and irremediably impair the health of the pregnant person. |
| Washington | Abortion is legal in Washington until fetal viability (24-26 weeks). After that, abortion is legal to protect the pregnant person's life or health. |
| West Virginia | Abortion is illegal in West Virginia, with limited exceptions. These exceptions include the following: In the case of a medical emergency, if the fetus is not compatible with life In the case of an ectopic pregnancy, in cases of sexual assault, abortion is available up to eight weeks of pregnancy as long as the victim reported the assault to law enforcement. |
| Wisconsin | Wisconsin allows abortions until 22 weeks. There is a mandatory 24-hour waiting period. |
| Wyoming | Abortion is legal in Wyoming through viability. |