Ohio Abortion Laws

Abortion is legal in Ohio until fetal viability. Thereafter, the state may prohibit abortion unless a physician finds that it is necessary to protect the life or health of the pregnant patient.

Ohio Abortion Laws After Dobbs

The issue of abortion rights in the U.S. is quite controversial, with passionate advocates on both sides of the issue. Pro-choice advocates, including Planned Parenthood, focus on a patient's autonomy to make important decisions about reproductive health care without state interference. Anti-abortion advocates claim that human life begins at conception and that abortion should be restricted if not outright prohibited.

In 1973, the U.S. Supreme Court stepped into the fray in Roe v. Wade. The historic case concluded that the U.S. Constitution contains a right to privacy. This included the decision to carry a pregnancy to term or to have an abortion. The Court's 7-2 majority decision in Roe protected the right to abortion until fetal viability. Abortion retained legal protections when necessary to protect the patient's life or health.

In 2022, the U.S. Supreme Court reversed course in Dobbs v. Jackson Women's Health Organization. The Court's 6-3 majority overturned decades of precedent. The ruling held that there was no constitutional right to abortion under federal law. This sent the issue of abortion regulation back to the states and gave them the ability to prohibit abortion.

When Dobbs became the law of the land, Ohio had a "fetal heartbeat" law on the books. This trigger law prohibited almost all abortions upon alleged detection of "cardiac activity" in the fetus at six weeks. The law had been blocked in the courts before Dobbs. It took effect after Dobbs, but another court injunction blocked it later in the year.

On November 7, 2023, Ohioans voted and approved Issue 1, a state constitutional amendment creating a right to abortion until fetal viability. Thereafter, the state can restrict abortion rights, with an exception for the life or health of the pregnant patient. 

Ohio Abortion Laws: The Basics

The Republican Party has dominated state politics for several years in Ohio. It maintains a super-majority in the Ohio state legislature. Ohio Governor Mike DeWine and Attorney General Dave Yost are also longtime Republican officials who oppose legal abortion.

At the time of the Dobbs ruling, Ohio had several laws restricting abortion on the books. Multiple abortion bans had been blocked in Ohio courts before Dobbs. The state's most recent abortion law was the fetal heartbeat law passed in 2019. This law was initially blocked, became law after Dobbs for a short period, then was blocked again in court.

The fetal heartbeat law bans abortion at the detection of alleged "cardiac activity" in the fetus. It claims a heartbeat begins six weeks into a pregnancy. At this point, many women do not know they are pregnant. In addition, experts state that the fetal heart is not formed at that time. The law contained no exceptions for pregnancies resulting from rape or incest.

The leaders of the Ohio House, Ohio Senate, and the Governor all supported passage of the fetal heartbeat law. They opposed the 2023 referendum on abortion. A plan to increase the percentage of votes necessary to pass a constitutional amendment to 60% was defeated by Ohioans in a special election in August 2023.

Battles over abortion in Ohio played out in the November 2023 election. State Issue 1 sought to amend the state constitution and provide a constitutional right to reproductive freedom. Some 57% of Ohio voters approved the amendment.

As a result, section 22 of Article 1 of the Ohio Constitution now states that "every individual has a right to make and carry out one's own reproductive decisions", including matters involving:

• Contraception
• Fertility treatments
• Continuing one's own pregnancy
• Miscarriage care
• Abortion

Under most circumstances, the state cannot engage in acts that aim to burden, penalize, prohibit, interfere with, or discriminate against an individual's exercise of these rights or a person or entity that assists an individual in exercising their rights.

The constitutional provision allows the state to prohibit abortion after fetal viability. That authority does not apply when the patient's physician finds that an abortion is necessary to protect the patient's life or health.

Ohio law also contains a parental consent law for minors seeking abortion care. Other regulations require state-authorized written materials to be made available to patients and a 24-hour waiting period before an abortion.

Republican state lawmakers have refused to repeal or modify any abortion laws to bring them into compliance with the new constitutional amendment. Abortion providers have brought court challenges to declare the laws invalid.

In Cincinnati, a Hamilton County judge issued an injunction against Ohio's heartbeat abortion ban in October 2022. In Columbus, a Franklin County judge issued an injunction against Ohio's 24-hour waiting period along with other restrictions in August 2024.

The politics of abortion may affect the race for three seats on the Ohio Supreme Court in 2024. Court battles over Ohio's protections for reproductive rights will end up at the state supreme court as it has the final say on state constitutional matters. If Democratic candidates prevail in all three races, the court will depart from a GOP majority for the first time since 1986.

Ohio Abortion Laws at a Glance

Ohio's abortion laws are in a state of flux. The state constitutional amendment has rendered many Ohio abortion restrictions unenforceable. Republican state lawmakers continue to ignore the mandate of their constituents and have not repealed these laws.

The chart below includes summaries and links to Ohio's current abortion laws.

Note: Ohio laws change through the passage of new legislation, higher court rulings that include federal decisions, ballot initiatives, and other means. To confirm current laws, please speak with an attorney or conduct your own research.

How Does Ohio Compare With Other States?

Ohio's state constitutional right to reproductive freedom permits abortion at least until fetal viability. This is consistent with the majority of states. After viability, state abortion protections vary based on the circumstances.

In contrast, some 18 states have enacted near-total abortion bans since Dobbs. Other states such as Nebraska limit abortion access at 12 weeks of pregnancy. At least 4 states have a six-week abortion ban similar to Ohio's 2019 heartbeat law.

A Note About Abortion Medication

In 2000, the Food and Drug Administration (FDA) approved the use of the drug mifepristone as part of the common two-drug abortion pill regimen. In recent years, the FDA has expanded access to mifepristone, permitting telehealth services and the sending of prescriptions through the mail.

Medication abortion now accounts for 63% of all abortions in the U.S. Abortion clinics and healthcare providers can prescribe these drugs in the first 10-12 weeks of pregnancy.

In 2022, abortion opponents filed a federal lawsuit to overturn the FDA's approval and recent rule changes related to mifepristone. At the same time, states where abortion remained legal filed court actions to maintain access to the drug.

In 2024, the U.S. Supreme Court found that the abortion opponents, physicians who did not perform abortions or prescribe abortion pills, lacked standing to challenge the FDA's actions. The Court's decision meant that legal access to medication abortion would remain unchanged for now.

Ohio law bans the use of telehealth services in the provision of abortion. It requires a physician to have an in-person meeting with a patient when the drugs are dispensed. Some of these requirements have been placed on hold through pending litigation. The courts will likely have the final say based on how they interpret the protections in the state constitutional amendment.

Research the Law

• Ohio Legal Research - Review the Ohio Constitution, Ohio statutes, and court decisions.
• Official State Codes - Links to the official online statutes (laws) in all 50 states and D.C.
• The Center for Reproductive Rights - Ohio Law
• State Abortion Laws - Review the status of abortion law in all 50 states and D.C.

Abortion Laws: Related Resources

• After Roe v. Wade
• Abortion History in the U.S.
• What Are Reproductive Rights?

Get Professional Legal Help With Your Ohio Abortion Concerns

With Dobbs, there is no national standard for abortion law in American law. State laws vary on issues of legality and access to abortion. The resulting confusion presents real challenges to pregnant women faced with an often difficult and emotional decision.

To better understand your rights and responsibilities under Ohio abortion law, it's wise to seek out legal advice. An attorney experienced in such matters will know the law and its implications for your case. An Ohio healthcare attorney has answers to your questions and will help you decide your next steps.