Maryland Abortion Laws
By John Mascolo, Esq. | Legally reviewed by John Mascolo, Esq. | Last reviewed September 10, 2024
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Abortion is legal in Maryland until fetal viability. After that time, abortion is legal if necessary to protect the life or health of the pregnant woman. Or if the fetus has a genetic defect or serious deformity or abnormality.
Maryland Abortion Laws After Dobbs
In June 2022, the U.S. Supreme Court overruled Roe v. Wade in Dobbs v. Jackson Women's Health Organization. Overturning precedent, the Court returned to the states the power to regulate, even prohibit, abortion. In its 6-3 ruling, the Dobbs majority said that the constitutional right to privacy does not include a woman's decision to terminate a pregnancy.
The Court's decision in Dobbs did not have any immediate impact on Maryland abortion laws.
For several years, Maryland law has included protections for pre-viability abortions without interference from the state. Abortion clinics operate throughout the state, including major cities like Baltimore and Annapolis.
A 1991 state law incorporated abortion rights consistent with Roe. An attempt to reject the law went to the voters that year and was defeated.
Abortion Care Access Act
In 2022, state lawmakers passed the "Abortion Care Access Act." Anticipating the fall of Roe, the law expanded who could provide abortion services. It includes any person licensed, certified, or otherwise authorized by the state to practice in Maryland and for whom abortion falls under the scope of their license or certification. It includes physicians, physician assistants, nurse practitioners, and licensed certified midwives.
The Act also included funding increases for training related to abortion and changes to insurance law that expanded coverage of abortion in Medicaid and private insurance plans.
Former Republican Gov. Larry Hogan vetoed the legislation. But, Democrats in the state General Assembly had the votes to override the veto.
In 2023, Maryland State House and Senate members passed the "Reproductive Health Protection Act." Democratic Gov. Wes Moore signed the new law to protect the confidentiality of patients seeking abortion. It will also shield out-of-state patients from criminal investigations from other states. The law requires public colleges and universities to make sure students have access to services that include contraception and all facets of reproductive health care.
Maryland Right to Reproductive Freedom Ballot Initiative
In November 2024, Maryland voters will decide whether to pass a constitutional amendment establishing reproductive rights in the state constitution.
The proposed "Right to Reproductive Freedom" amendment would treat abortion as a fundamental right. It says a person has "the ability to make and effectuate decisions to prevent, continue, or end one's own pregnancy."
Groups supporting the constitutional amendment, like Planned Parenthood, claim that state laws that allow abortion can get repealed by a future legislature without input from voters. Protecting abortion through the state constitution offers greater security to reproductive rights.
Organizations that oppose the ballot initiative, like Maryland Right to Life, find it to be an extreme measure. They says it doesn't acknowledge the public's interest in protecting any rights of the unborn. They claim the amendment will support the use of late-term abortion procedures that can endanger the patient and the fetus.
Maryland Abortion Laws: Chart
Abortion laws in Maryland are like the majority of state abortion laws that legalize abortion until fetal viability. The table below offers a summary of Maryland abortion laws.
| Relevant Maryland abortion laws | Maryland Statutes Health General
Insurance
|
|---|---|
| When is abortion legal? | Abortion is legal in Maryland until a fetus is viable. After that time, abortion is legal if necessary to protect the life or health of the pregnant person or if the fetus has a genetic defect or serious deformity or abnormality. A fetus is viable when there is a reasonable likelihood that it can survive outside the womb. |
| Consent requirements | Adult: There must be standard informed consent for a procedure by a health care provider qualified to perform abortions. Minor: There must be standard informed consent from the minor to the abortion provider. A provider may not perform an abortion on an unmarried minor unless they first give notice to a parent or guardian, unless:
|
| Penalty for unlawful abortion | There is no criminal penalty or civil liability when a qualified provider's decision to perform an abortion is made in good faith and in their best clinical judgment. |
| Is medication abortion available? | Yes. |
| Residency requirements for patients | None. |
| Physician licensing requirements | Not limited to physicians. Maryland law states that a qualified provider of abortion services is a person with a license to practice in Maryland and for whom the performance of an abortion is within the scope of their license or certification. |
Note: State laws are subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the status of any Maryland law(s) you are reviewing.
How Does Maryland Compare With Other States?
Maryland's abortion laws provide unrestricted abortion access until fetal viability. For now, a majority of American states provide similar protections. In nearby Virginia, abortion is legal throughout the first and second trimesters of pregnancy. In the District of Columbia, abortion is legal at all stages of pregnancy.
In contrast, more than 14 states, including West Virginia, now ban abortion under most circumstances. Some states only offer legal access to abortion for the first 12 or 15 weeks of pregnancy.
A Note About Medication Abortion
The Food and Drug Administration (FDA) approved the use of mifepristone in the common two-drug abortion pill regimen in 2000. Since then, the use of medication abortion has increased. A study by the Guttmacher Institute found that medication abortion accounted for 63 percent of all abortions in America in 2023.
Abortion opponents filed suit in federal court in 2022. They sought to ban or restrict the use of mifepristone. States where abortion remained legal filed a separate lawsuit. They sought to maintain access to the drug. The Supreme Court took up the case, hearing oral arguments in 2024.
In June 2024, the Supreme Court said that the original abortion opponents didn't have standing for the case. They were physicians who did not prescribe abortion pills or perform abortions. The dismissal on technical grounds meant that legal access to abortion medication would remain in place. But, states with abortion bans will likely bring their own claims in the future.
Research the Law
Maryland Abortion Laws: Related Resources
- Abortion Laws
- Birth Control
- State Abortion Laws — FindLaw's guide to abortion laws in all 50 states and Washington, D.C.
Questions About Maryland Abortion Laws? Ask an Attorney
Reproductive health decisions can have significant emotional and financial consequences. If you would like legal help with an abortion-related matter or want to know your rights and responsibilities, consider getting legal advice. Contact a health care attorney in Maryland.
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