Abortion Laws by State
Understanding Reproductive Rights Post-Dobbs
On June 24, 2022, the U.S. Supreme Court issued its decision in Dobbs v. Jackson Women's Health Organization, overturning Roe v. Wade and Planned Parenthood v. Casey. This decision eliminated the federal constitutional right to abortion, returning the authority to regulate abortion to individual states.
As a result, abortion laws now vary dramatically across the United States. Some states have enacted near-total bans, others have gestational limits, and some have enshrined abortion protections in state law or constitutions.
13 states with bans at or near conception, typically with only life-of-mother exceptions
12 states with bans at specific gestational stages (6, 12, 15, or 18 weeks)
20 states with legal protections and expanded access to abortion services
6 states with legal access but some procedural or timing restrictions
Alabama
Total ban from conception. Felony punishable by up to 99 years. Exception only for serious health risk to mother. No exceptions for rape or incest.
Alaska
Legal with some restrictions. Parental consent required for minors. State funding restricted under state constitution.
Arizona
15-week ban (gestational age). Exceptions for medical emergency. Providers face felony charges.
Arkansas
Total ban except to save mother's life. Criminal penalties for providers. No exceptions for rape, incest, or fetal abnormalities.
California
Legal at all stages. Constitutional right to reproductive freedom. Shield law protects patients and providers from out-of-state prosecution.
Colorado
Legal at all stages. Reproductive Health Equity Act (2022) codified right. No gestational limits.
Connecticut
Legal through viability (~24 weeks), later if necessary for life/health. Shield law protects from out-of-state subpoenas.
Delaware
Legal through viability (~24 weeks). After viability, allowed for life/health of mother or lethal fetal anomaly.
District of Columbia
Legal at all stages. No gestational limits. DC funds abortion for Medicaid recipients.
Florida
15-week ban (15 weeks LMP). Exceptions for fatal fetal abnormality, life/health of mother. Later 6-week ban may take effect pending litigation.
Georgia
6-week ban (detectable cardiac activity, ~6 weeks LMP). Exceptions for rape/incest (with police report), fatal fetal anomaly, medical emergency.
Hawaii
Legal through viability. Strongly protected under state constitution's privacy rights.
Idaho
Total ban with exceptions for rape (reported to police), incest, or mother's life/health. Criminal penalties up to 5 years.
Illinois
Legal at all stages. Reproductive Health Act protects abortion as fundamental right. State funding available.
Indiana
Total ban with exceptions for rape (up to 10 weeks post-fertilization), incest (up to 10 weeks), lethal fetal anomaly, or life/health of mother.
Iowa
6-week ban (fetal cardiac activity). Exceptions for rape (reported within 45 days), incest (within 140 days), fetal abnormality, or medical emergency.
Kansas
Legal up to 22 weeks post-fertilization (~24 weeks LMP). After 22 weeks, only for life/health of mother. Value Them Both amendment failed (2022).
Kentucky
Total ban from fertilization. Exceptions only for medical emergency or to prevent death. No exceptions for rape or incest.
Louisiana
Total ban from fertilization. Exceptions only for medical emergencies or nonviable fetuses. No rape or incest exceptions. Criminal penalties for providers.
Maine
Legal through viability, later if necessary for life/health. Expanded access in 2023 allowing advanced practice providers.
Maryland
Legal through viability, later for health or fetal anomaly. Constitutional amendment (2024) enshrined reproductive freedom.
Massachusetts
Legal through 24 weeks, later for fatal fetal anomaly or to preserve life/health. ROE Act expanded protections.
Michigan
Legal through viability. Proposal 3 (2022) added reproductive freedom to state constitution. Repealed 1931 ban.
Minnesota
Legal at all stages. Codified as fundamental right (2023). No mandatory waiting periods or parental notification.
Mississippi
Total ban with exceptions for rape (reported to law enforcement) or life of mother. No incest exception.
Missouri
Total ban at fertilization. Exception only for medical emergency. No rape or incest exceptions. Criminal penalties for providers.
Montana
Legal through viability. After viability, only for life/health. Parental notification for minors. 24-hour waiting period required.
Nebraska
12-week ban. Exceptions for sexual assault, incest, or medical emergency. Providers face felony and license revocation.
Nevada
Legal through 24 weeks. Protected by voter referendum (1990). Later allowed for life/health of mother.
New Hampshire
Legal through 24 weeks. After 24 weeks, only for life/health or fatal fetal anomaly. No parental notification.
New Jersey
Legal at all stages. Reproductive Freedom Act protects abortion and contraception. No gestational limits.
New Mexico
Legal at all stages. No state restrictions. Repealed 1969 ban. Strong constitutional privacy protections.
New York
Legal through viability (~24 weeks), later for life/health or non-viable fetus. Reproductive Health Act expanded access.
North Carolina
12-week ban. Exceptions for rape/incest (up to 20 weeks with documentation), life-limiting fetal anomaly (up to 24 weeks), or medical emergency.
North Dakota
6-week ban (fetal heartbeat). Exceptions for rape/incest (up to 6 weeks), life/health of mother. Under legal challenge.
Ohio
6-week ban (detectable cardiac activity). Exception only for medical emergency to prevent death or serious bodily harm. No rape/incest exceptions.
Oklahoma
Total ban from fertilization with civil enforcement. Exception only for medical emergency to save mother's life. Criminal penalties for providers.
Oregon
Legal at all stages. No gestational limits. State funding available for low-income residents.
Pennsylvania
Legal through 24 weeks (viability). After viability, only for life/health. Mandatory counseling and 24-hour waiting period. Parental consent for minors.
Rhode Island
Legal through viability. After viability, allowed for life/health. Reproductive Privacy Act codified protections (2019).
South Carolina
6-week ban (cardiac activity). Exceptions for rape (up to 12 weeks with report), incest, fatal fetal anomaly, or life/health of mother.
South Dakota
Total ban except to preserve life of mother. No exceptions for rape, incest, or health. Criminal penalty: Class 6 felony.
Tennessee
Total ban with exception for preventing death or serious bodily injury. No rape or incest exceptions. Criminal penalties for providers.
Texas
Total ban from fertilization. Private civil enforcement (up to $10,000 bounty). Exception only for life-threatening conditions. No rape or incest exceptions.
Utah
18-week ban. Exceptions for rape (reported to police), incest, fetal defect incompatible with life, or serious health risk to mother.
Vermont
Legal at all stages. Proposal 5 (2022) enshrined reproductive autonomy in state constitution. No restrictions.
Virginia
Legal through second trimester. Third trimester requires three physicians' certification of necessity for life/health. Some procedural restrictions.
Washington
Legal through viability, later for life/health. Strongly protected. No parental consent or waiting periods.
West Virginia
Total ban with exceptions for medical emergency, ectopic pregnancy, or nonviable fetus. Rape/incest exceptions up to 14 weeks (rape) or 8 weeks (incest).
Wisconsin
1849 criminal abortion ban. Legal challenges ongoing. Exceptions unclear due to law's age.
Wyoming
Ban on abortion including medication abortion. Exceptions for rape, incest, or threat to mother's life. Currently blocked by court order.
Exceptions and Restrictions
States with abortion bans vary widely in their exceptions. Some allow exceptions only to save the life of the mother, while others include exceptions for rape, incest, or fetal abnormalities. Medical providers face significant legal uncertainty in many states about what qualifies as a life-threatening emergency.
Criminal Penalties
Many states with abortion bans impose criminal penalties on providers who perform abortions outside legal exceptions. Penalties can include felony charges, fines, and loss of medical license. Most states do not criminalize the pregnant person seeking an abortion.
Medication Abortion
Access to medication abortion (mifepristone and misoprostol) is subject to ongoing legal challenges. Some states have enacted specific restrictions on medication abortion, while federal courts continue to hear cases about FDA approval and access.
Interstate Travel
The right to travel between states for abortion care remains protected under federal constitutional law. However, some states have proposed or enacted laws attempting to restrict assistance with interstate travel for abortion.
Abortion laws remain in flux, with numerous legal challenges pending in state and federal courts. Laws may be temporarily blocked by court injunctions or struck down as unconstitutional under state constitutions.
Several states have abortion-related ballot initiatives, and constitutional amendments are being proposed to either protect or further restrict abortion access.
Rapidly Changing Laws: Abortion laws are changing rapidly through legislation, court decisions, and ballot initiatives. The information above reflects general status but may not capture the most recent changes.
Legal Complexity: Many state laws contain complex exceptions, procedural requirements, and definitions that affect their application. This overview is simplified for educational purposes.
Enforcement Status: Some state laws are temporarily blocked by court orders or are subject to unclear enforcement guidance, creating uncertainty about their practical effect.
Legal Disclaimer: This information is for educational purposes only and does not constitute legal or medical advice. Abortion laws vary by state and are subject to rapid change through legislation and court decisions. Always consult with a qualified attorney or healthcare provider for guidance specific to your situation. If you need immediate assistance, contact a local reproductive rights organization or legal aid provider.