Maryland Abortion Laws

By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed December 22, 2022

Summary

Abortion is legal in Maryland through viability. Thereafter, abortion is legal only to save the mother’s life or if the fetus is affected by a genetic defect or serious deformity or abnormality.

Introduction

In June 2022, the U.S. Supreme Court overruled Roe v. Wade in Dobbs v. Jackson Women's Health Organization, which returned to the states the power to regulate, even prohibit, abortion. Maryland's laws generally permit pre-viability abortions.

In fact, Maryland has similar abortion laws as other states, with standard consent requirements for unmarried minors but no statutory waiting periods. Only fully licensed doctors may perform the procedure, which may only be done before the fetus is viable (meaning able to survive outside of the womb) or where the termination is necessary to save the mother’s life.

Maryland Statutes

Abortion laws in Maryland are highlighted in the chart below.

Code Section	Health & Gen. §§20-207 to 214; 20-103
Statutory Definition of Illegal Abortion	Viability is defined as when, in a doctor's best medical judgment, there is a reasonable likelihood of the fetus' sustained survival outside the womb
Statutory Definition of Legal Abortion	Performed before fetus is viable or at anytime where termination procedure is necessary to protect the life or health of the woman, or the fetus is affected by serious genetic defect/abnormality (procedure must be least intrusive and not inconsistent with established medical practice)
Penalty for Unlawful Abortion	Qualified provider not liable if the decision to abort was made in good faith and in best medical judgment
Consent Requirements	Qualified provider may not perform an abortion on an unmarried minor unless they first give notice to a parent or guardian, unless minor does not live with parent/guardian and reasonable efforts to give notice are unsuccessful or if in qualified provider's judgment notice to parent/guardian may lead to physical or emotional abuse, or the minor is mature and capable of informed consent or notice would not be in the best interest of minor
Residency Requirements for Patients	-
Physician Licensing Requirements	Qualified provider defined as a person with a license by law to practice in Maryland and for whom the performance of an abortion is within the scope of their license or certification