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Florida Abortion Laws

Summary

Abortion is legal in Florida until the fetus reaches a gestational age of 6 weeks. Thereafter, abortion is legal only if necessary to save the mother’s life, the pregnancy is the result of rape, incest, or human trafficking and the gestational age of the fetus is not more than 15 weeks, or the pregnancy has not progressed to the third trimester and two physicians certify in writing that the fetus has a fatal fetal abnormality.

Introduction

Florida's abortion laws are, generally speaking, more restrictive than those in many other states.

In 1989, the Florida Supreme Court declared that the right to privacy under the state constitution included a pre-viability right to abortion. In Dobbs v. Jackson Women's Health Organization, the U.S. Supreme Court overruled Roe v. Wade, the case that had recognized a federal constitutional right to a post-viability abortion.

On April 14, 2023, Governor Ron DeSantis signed the Heartbeat Protection Act, which prohibits most abortions after the fetus reaches a gestational age of about six weeks. A legal challenge based on the 1989 Florida Supreme Court decision is expected.

This area of law is highly fluid.

The table below lists the basic provisions of Florida's abortion laws. See Abortion Laws and Abortion Rights FAQs to learn more.

Code Section 390.0111, et seq.; 797.02; 797.03
Statutory Definition of Illegal Abortion Termination of pregnancy after gestational age of 6 weeks which does not meet requirements of legal abortion. Partial Birth Abortion: Prohibited except when necessary to save the life of the mother when her life is physically endangered and no other medical procedure would suffice for that purpose
Statutory Definition of Legal Abortion

Regulated after gestational age of 6 weeks:

  • necessary to save life or preserve health of mother and requires 2 physicians' certifications of medical necessity or fetal abnormality unless one physician certifies need for emergency medical abortion and no 2nd physician available
  • The pregnancy is the result of rape, incest, or human trafficking and the gestational age of the fetus is not more than 15 weeks as determined by the physician (so long as the woman provides a copy of a restraining order, police report, medical record, or other court order or documentation providing evidence that she is obtaining the termination of pregnancy because she is a victim of rape, incest, or human trafficking)
  • The pregnancy has not progressed to the third trimester and two physicians certify in writing that, in reasonable medical judgment, the fetus has a fatal fetal abnormality 
Penalty on Abortion Provider for Unlawful Abortion Third-degree felony, imprisonment up to 5 yrs.; or 2nd-degree misdemeanor for performing legal abortion in unlawful place, up to 60 days imprisonment; Fines: 3rd-degree felony, up to $5,000; 2nd-degree misdemeanor, up to $500
Residency Requirements for Patients -
Physician Licensing Requirements Validly licensed hospital, or medical facility; after 15 weeks only in hospital

Note: State laws are constantly changing -- contact a Florida health care attorney or conduct your own legal research to verify the state law(s) you are researching.

Related Resources for Florida Abortion Laws:

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