By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed December 22, 2022
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Abortion is legal in Pennsylvania through 24 weeks. Thereafter, abortion is legal only if necessary to save the life of the mother.
The limits of Pennsylvania's abortion laws have been played out on the national legal stage. While most Americans have heard of Roe v. Wade, a Pennsylvania abortion law has proven equally instrumental in determining abortion restrictions in our country.
In 1989, Pennsylvania’s Abortion Control Act was signed into law. It was the first attempt by a state to limit abortion rights after 1973’s Roe v. Wade ruling.
The legal challenge to the Act eventually led to the landmark decision Planned Parenthood of Southeastern Pennsylvania v. Casey in 1992. In that case, the Supreme Court upheld the basic right to abortion. However, the decision also expanded the ability of the states to enact all but the most extreme restrictions on women's access to abortion. The most common restrictions have been parental notification or consent requirements for minors and limitations on public funding.
In June 2022, the Supreme Court overruled Roe and Casey in Dobbs v. Jackson Women's Health Organization, which returned to the states the power to regulate, even prohibit, abortion.
As it stands today, Pennsylvania has a long list of restrictions on abortion:
As the dust begins to settle following the Dobbs decision, this area of law is highly fluid.
The table below lists the basic provisions of Pennyslvania's abortion laws. See Abortion Laws and Abortion Rights FAQs to learn more.
| Code Section | Tit. 18§§3201 to 3220 |
| Statutory Definition of Illegal Abortion |
|
| Statutory Definition of Legal Abortion | M.D. must find, in his clinical judgment, that abortion must be necessary or that a "referring M.D." has sent a written signed statement saying so. After viability, 24 wks.: Necessary to preserve life of mother or prevent serious risk of substantial and irreversible impairment of bodily function. Viability defined as when M.D., based on facts of particular case, finds reasonable likelihood of fetus' sustained survival outside the mother's body. |
| Penalty for Unlawful Abortion |
|
| Consent Requirements |
|
| Residency Requirements for Patients | - |
| Physician Licensing Requirements | Licensed M.D., licensed hospital or facility (hospital after 24 wks. with 2nd M.D. to aid fetus) |
Note: State laws are constantly changing -- please contact a Pennsylvania family law attorney or conduct your own legal research to verify the state law(s) you are researching.
If you have reason to believe your rights have been violated, you should contact a qualified Pennsylvania family law attorney for guidance and (if necessary) representation.
Contact a qualified attorney.
Get tailored family law advice and ask a lawyer questions. Many attorneys offer free consultations.