Missouri Abortion Laws
Abortion was previously illegal in Missouri unless there was a medical emergency. But, in November 2024, voters approved a measure giving women a constitutional right to have an abortion up to the point of viability (typically around 23-24 weeks but determined by medical judgment), commonly referred to as "Amendment 3." As a result, Missouri now recognizes an enforceable constitutional right to abortion up to viability.
In June 2022, the Supreme Court heard Dobbs v. Jackson Women’s Health Organization. The U.S. Supreme Court justices essentially overruled Roe v. Wade, holding that the power to regulate abortion and reproductive rights would return to the states.
Many states, including Missouri, had already passed "trigger laws," which would restrict abortion rights or ban abortions altogether. These laws would go into effect when and if the Supreme Court overruled Roe v. Wade. Missouri Attorney General Eric Schmitt activated the state’s trigger law (House Bill 126) moments after the Supreme Court released its opinion in Dobbs.
Missouri was the first state to ban abortion after Dobbs. Under this new law (HB 126), all abortions were illegal in the State of Missouri. The only exceptions were cases where the life of the mother was in jeopardy.
But voter-approved Amendment 3 supersedes conflicting state statutes, so HB 126 and similar laws are unenforceable as applied to abortions before viability. Abortions up to the point of viability are legal and protected by the Missouri Constitution, and criminal penalties do not apply. Viability is generally defined as the point at which a fetus can survive outside the womb, with or without medical assistance. Typically, this means around 23-24 weeks, but it’s ultimately determined by a medical professional.
Here, we will briefly discuss Missouri’s abortion laws before voters approved Amendment 3 to the state constitution. We will then explain how the law stands today and how these laws affect a woman’s right to have an abortion and a health care provider’s right to perform abortions.
Missouri’s Abortion Laws Before November 2024
As we briefly explained, Missouri lawmakers passed a near-total abortion ban on the heels of the Supreme Court decision in Dobbs. After Dobbs, Missouri’s laws on abortion care and medication abortions changed dramatically.
According to Missouri’s "fetal heartbeat" law, people who induce or perform an abortion would be guilty of a Class B felony. This charge carries a penalty of five to 15 years in prison. Under this law, the state would suspend or revoke abortion providers’ medical licenses. But under the new constitutional amendment, penalties only apply to abortions performed after viability, except when necessary to protect the life or physical/mental health of the pregnant person.
The only exception provided for under the new abortion restrictions was in cases of medical emergency. Specifically, Missouri’s HB 126 states that abortion is permissible only when a pregnancy or medical emergency "creates a serious risk of substantial and irreversible physical impairment or a major bodily function of the pregnant woman."
Missouri’s abortion ban also imposed a mandatory 72-hour waiting period, which made it nearly impossible for women to travel to out-of-state abortion clinics. The only facility still performing abortions in 2022 was Planned Parenthood Great Rivers.
Also, HB 126 did not affect a person’s right to use birth control or contraception but did require the physician performing the abortion to secure written informed consent from the minor and parental consent from at least one parent or guardian (with an exception for medical emergencies). However, after Amendment 3, the enforceability of these types of restrictions depends on whether they are consistent with the new constitutional right and do not impose an "undue burden."
Missouri Abortion Laws
Understanding one’s rights and responsibilities under the law can be confusing for non-attorneys. The following chart sums up Missouri’s abortion laws.
| Statute | Missouri Revised Statutes: Title XII, Section 188.017 Amendment 3 of the Missouri State Constitution |
|---|---|
| Statutory definition of abortion | The act of using or prescribing any instrument, device, medicine, drug, or other means with the intent to destroy the life of an embryo, fetus, or unborn child. |
| Is abortion illegal? | Under Amendment 3 to the state constitution, women have the constitutional right to have an abortion up until the point of fetal viability, as determined by a medical professional. Abortions after viability are permitted when necessary to protect the life or health of the pregnant person. |
| Penalty for performing an unlawful abortion | Performing an unlawful abortion is a Class B felony and carries a penalty of five to 15 years in prison and a suspension or revocation of the abortion provider’s medical license. |
Note: State laws are subject to change through new legislation, higher court rulings, and other means. While we strive to provide the most current information, consult an attorney or conduct legal research to verify your state laws.
Have Concerns About Missouri’s Abortion Laws? An Attorney Can Help
If you’re facing an unwanted pregnancy, you must know your reproductive rights. Missouri’s abortion laws are changing and can be challenging to navigate on your own. Get help today by contacting an experienced Missouri health care attorney near you.
Missouri Abortion Laws: Related Resources
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