Vermont Abortion Laws

By Christie Nicholson, J.D. | Legally reviewed by Susan Buckner, J.D. | Last reviewed December 20, 2024

Summary

Abortion is legal in Vermont at every stage of pregnancy.

Introduction

Abortion is one of the most heavily debated issues among Americans. The issue became more heated after the Supreme Court’s decision in Dobbs vs. Jackson Women’s Health Organization in June 2022. In Dobbs, the court essentially overruled Roe v. Wade and returned the power to regulate abortion to the states.

After the Dobbs decision, only 16 states chose to protect a woman’s right to have an abortion. Vermont is one of these states. Even before the Supreme Court stripped the protections afforded to women in Roe v. Wade, Vermont lawmakers reinforced a woman’s right to an abortion with a new law protecting women’s access to abortion procedures.

Here, we will discuss the current abortion laws in the State of Vermont. We will also explain how the state has made great efforts to protect women’s reproductive rights in the aftermath of Dobbs.

If you have additional questions about Vermont’s abortion law, visit FindLaw’s State Abortion Laws.

Federal Abortion Laws

In Roe v. Wade (1973), the U.S. Supreme Court held that a person’s right to privacy guaranteed them a right to abortion care. This federal court decision made it legal for healthcare providers to perform abortions, at least during the first trimester.

After this landmark decision, women across the country knew that they had a constitutional right to have an abortion. Abortion providers understood that they would not face criminal charges if they performed an abortion or offered other health care services, such as prescribing the abortion pill. This all changed in June of 2022.

In June 2022, the U.S. Supreme Court overruled Roe v. Wade in Dobbs v. Jackson Women's Health Organization. This decision returned the power to regulate and prohibit abortion to the states. Since then, state law has regulated abortion in the U.S.

Response to the Dobbs Decision

After the Supreme Court’s decision in Dobbs, all but 16 states made abortion illegal or restricted a woman’s right to have an abortion. However, Vermont and essentially all of the New England states reinforced a woman’s right to have an abortion.

Some of the states that decided to maintain legal abortions include:

California
New York
Michigan
New Hampshire

This does not mean that these states passed constitutional amendments protecting a woman’s right to an abortion. Only four states have reproductive liberty amendments: Ohio, California, Michigan, and Vermont. However, up to a dozen other states have state constitutional amendments on the ballot for 2024.

Vermont Law and Abortion

Vermont law does not have any restrictions on abortion. The only requirement is that all providers, be they from Planned Parenthood or another facility, report abortions to the Vermont Department of Health within seven days.

There are no mandatory waiting periods or requirements for parental consent. Nor are there any limitations on publicly funded abortions that we see in other states. For example, there is no law prohibiting Medicaid from covering a woman’s abortion or the medication abortion requires.

Who May Perform an Abortion in Vermont?

Vermont is one of the few states that allow non-physicians to perform abortions. This includes physician assistants, nurse practitioners, midwives, and other reproductive health care professionals.

Reproductive Autonomy and Gender-Affirming Care

In 2019, before the Dobbs decision, Gov. Phil Scott codified a woman’s right to an abortion with Act 47. Republican Governor Scott passed this new law to reaffirm a woman’s right to an abortion and to prevent the government from interfering with this right.

This type of law, known as a “shield law,” protects both women and healthcare providers. It ensures women can assert their reproductive rights and keeps doctors and medical centers free from government restrictions and limitations.

In 2023, Vermont’s governor signed joint bills from the state house and senate, protecting healthcare providers who provide abortion and gender-affirming procedures to their patients.

Vermont’s State Constitution and Proposal 5

In November 2022, voters approved Proposal 5. The Right to Personal Reproductive Autonomy Amendment enshrined access to abortion in Vermont’s constitution.

Under the current Vermont constitution, the state must show a compelling interest before it interferes with a woman’s reproductive rights. The state must achieve this interest using the least restrictive means possible.

Vermont’s Abortion Laws at a Glance

The following chart highlights the basic provisions of Vermont's abortion laws. See FindLaw's Reproductive Rights section for additional articles and resources.

Code Section	Vermont Statutes Annotated §9497
Statutory Definition of Illegal Abortion	N/A
Statutory Definition of Legal Abortion	Abortion is legal in Vermont at all stages of pregnancy.
Penalty for Unlawful Abortion	N/A
Consent Requirements	N/A
Residency Requirements for Patients	N/A
Parental Notification	N/A

Note: State laws are constantly changing. Contact a Vermont constitutional law attorney or conduct legal research to verify your state laws.