Massachusetts Abortion Laws
By John Mascolo, Esq. | Legally reviewed by FindLaw Staff | Last reviewed February 27, 2024
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Abortion is legal in Massachusetts until 24 weeks of pregnancy. After 24 weeks, abortion is legal only if a physician determines that it is necessary:
- To preserve the patient's life
- To preserve the patient's physical or mental health
- Due to a lethal fetal anomaly or diagnosis
- Due to a finding of a grave fetal diagnosis that indicates the fetus is incompatible with life outside the uterus without extraordinary medical interventions
Massachusetts Abortion Law After Dobbs
As the U.S. Supreme Court majority moved towards overturning Roe v. Wade through its 2022 decision in Dobbs v. Jackson Women's Health Organization, some states passed new abortion bans as trigger laws designed to outlaw most abortions immediately after the fall of Roe. In Massachusetts, the state legislature went in the opposite direction.
The Roe Act and State Law Protections
In 2020, the state passed the Roe Act, overriding Governor Charlie Baker's veto. The Roe Act provided an independent state law basis for a right to abortion. It also permitted women in Massachusetts at age 16 to make their own decisions about abortion without parental consent. This latter provision was the cause of Baker's veto. As a result, abortion remained legal under Massachusetts law after the Court ended the constitutional right to abortion in Dobbs.
Despite vetoing the Roe Act in 2020, Governor Baker signed an executive order after the Dobbs decision expressing support for reproductive rights. The order sought to provide protections for both those seeking abortion care from out of state and for abortion providers.
By July 2022, the Massachusetts legislature placed such protections into state law. The state will not assist other states who seek to investigate or prosecute their residents for seeking abortion services in Massachusetts.
Support for People With Abortion Questions
Since that time, the state has supported the development of a legal hotline to assist patients with questions about abortion rights and abortion access. The government website also provides links for abortion clinics and providers and financial assistance for abortion care.
The Massachusetts Attorney General's Office also created a Reproductive Justice Unit. Its purpose is to promote reproductive health care services in the state and defend its legal protections for such care.
Massachusetts Abortion Laws At a Glance
The table below summarizes the abortion laws in the Commonwealth of Massachusetts. This abortion rights FAQ can help answer your other questions as well.
Relevant Statutes (Laws) |
Massachusetts General Laws Annotated (MGLA), Chapter 94C, Controlled Substances:
MGLA, Chapter 112, Regulation of Certain Professions and Occupations:
MGLA, Chapter 272, Crimes Against Chastity, Morality, Decency, and Good Order:
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When Is Abortion Legal? |
Under 24 weeks, a physician, physician's assistant, nurse practitioner, or nurse midwife may perform an abortion with written informed consent. After 24 weeks, only a physician with written informed consent can perform an abortion. After 24 weeks, a physician must find the abortion is one of the following:
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Consent Requirements |
Adult: Written informed consent is required from the adult patient before the procedure, except in a medical emergency. Minor: For a minor 16 years or older, written informed consent is required from the patient, except in a medical emergency. For a minor under 16 years old and unmarried, there must be consent of the patient and one parent or guardian, except in a medical emergency or via court bypass (if the court is convinced of the minor patient's maturity to give consent or that the procedure is in minor patient's best interest). |
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Availability of Medication Abortion?
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Yes. Massachusetts Governor Maura Healey issued Executive Order 609 in 2023 to prioritize reproductive health care services, including medication abortion. |
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Residency Requirements for Patients? |
No. |
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Physician Licensing Requirements |
Physicians, physician's assistants, nurse practitioners, and nurse midwives may provide abortion services consistent and within the scope of their practice and license. At the 24th week, an abortion must be performed by a physician in a licensed hospital. |
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Note: State laws are constantly changing — contact a Massachusetts family law attorney or conduct your own legal research to verify the status of any state law(s) you are reviewing.
How Massachusetts Compares to Other States
In Massachusetts, abortion laws are less restrictive than those in many other states as of 2024. In 14 other states, almost all abortions are illegal. Some jurisdictions only permit abortion in the first six weeks of pregnancy. Others may set a limit near 15 weeks.
Some 26 states, like Massachusetts and neighboring Connecticut, place restrictions (if any) once the fetus reaches viability (around 22-24 weeks). States can also place consent requirements and other obstacles to those seeking abortion. These vary among the states.
A Note About Medication Abortion
The Centers for Disease Control and Prevention (CDC) found that medication abortions accounted for 53% of abortions obtained by women in the U.S. in 2021.
A challenge to medication abortion appeared in federal court in Texas in November 2022. The Food and Drug Administration (FDA) approved the use of the drug mifepristone in 2000. The drug is part of a two-drug regimen of abortion pills.
Challengers oppose the use of the drug and the FDA's decision in 2016 and 2021 to amend certain regulations. This included rules related to prescription and its distribution through the mail. A lower court injunction issued in the case is on hold. A Supreme Court decision is likely in 2024.
Research the Law:
- Official State Codes - Links to the official online statutes (laws) in all 50 states and D.C.
- State Abortion Laws - Summary of abortion law in all 50 states and D.C.
Related Resources for Abortion Laws:
- Abortion Laws - Common state restrictions and regulations on abortion.
- Health Care Law
- Find a Health Care Attorney in Massachusetts
Next Steps: Search for a Local Attorney
Contact a qualified attorney.
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