Abortion Laws: 50-State Survey

In 2022, the U.S. Supreme Court ruled in Dobbs v. Jackson Women's Health Organization that the U.S. Constitution does not provide a right to abortion. Overruling Roe v. Wade, the Court decided that state legislatures have the authority to regulate this area.

Some states now ban abortion entirely, with limited exceptions such as preserving the life or health of the mother. Other states allow elective abortion until fetal viability, or sometimes even later. (Fetal viability is the point at which the fetus can survive independently outside the womb, which usually arrives about six months into pregnancy.) Still other states have refrained from banning abortion entirely but have restricted elective access to a shorter period than the viability standard allows.

This survey provides a brief overview of the legal status of abortion in each state. Note that laws in this area change frequently, and litigation continues to churn through the courts of many states. For the most precise and up-to-date guidance, we strongly recommend consulting a lawyer in your state.

Alabama Abortion Law

Abortion is generally prohibited.

Code of Alabama Section 26-23H-4 makes it unlawful to perform an abortion. There is an exception if an abortion is necessary to prevent a serious health risk to the pregnant woman. Section 26-23H-7 also provides that the law does not apply to a doctor performing a termination of a pregnancy due to a medical emergency.

Alaska Abortion Law

Reproductive choice is a fundamental right.

The Alaska Supreme Court has affirmed that a woman has a broad fundamental privacy right to reproductive choice under the Alaska Constitution.

Arizona Abortion Law

Abortion is generally prohibited after 15 weeks of gestational age, and a broader ban may take effect soon.

Arizona Revised Statutes Section 36-2322 provides that a physician may not perform or induce an abortion if the probable gestational age of the fetus has been determined to be greater than 15 weeks, except in a medical emergency. Meanwhile, Section 13-3603 broadly prohibits most abortions, except when necessary to save the life of the pregnant woman. In April 2024, the Arizona Supreme Court rejected a challenge to this law, but the ruling has been temporarily put on hold pending additional constitutional challenges in the lower court.

Arkansas Abortion Law

Abortion is generally prohibited.

Arkansas Code Section 5-61-304 provides that a person must not perform an abortion except to save the life of a pregnant woman in a medical emergency.

California Abortion Law

Abortion is generally prohibited after viability.

California Health and Safety Code Section 123468 provides that an abortion is unauthorized if the fetus is viable, and continuation of the pregnancy poses no risk to the life or health of the pregnant person.

Colorado Abortion Law

Abortion is a fundamental right.

Colorado Revised Statutes Section 25-6-403 provides that a pregnant person has a fundamental right to have an abortion. A fetus does not have independent or derivative rights under state law.

Connecticut Abortion Law

Abortion is generally prohibited after viability.

Connecticut General Statutes Section 19a-602 provides that the decision to terminate a pregnancy prior to the viability of the fetus must be solely that of the patient in consultation with their physician or other health care provider. However, no abortion may be performed after viability except when necessary to preserve the life or health of the patient.

Delaware Abortion Law

Abortion is generally prohibited after viability.

24 Delaware Code Section 1790 provides that a physician may terminate a pregnancy before viability. However, a physician may not terminate a pregnancy after viability, unless the termination is necessary to protect the woman’s life or health or in the event of a fetal anomaly for which there is not a reasonable likelihood of the fetus’ sustained survival outside the uterus without extraordinary medical measures.

Florida Abortion Law

As of May 2024, abortion is generally prohibited after 6 weeks of gestational age.

In April 2024, the Florida Supreme Court upheld a law prohibiting a physician from terminating a pregnancy if they determine that the gestational age of the fetus is more than 15 weeks, with certain exceptions. The court’s decision allowed a six-week ban to take effect 30 days later. The new law contains a handful of exceptions. These include a need to save the pregnant woman’s life or avert a serious risk of substantial and irreversible physical impairment of a major bodily function. Exceptions also cover a pregnancy in the first two trimesters in which there is a fatal fetal abnormality, as well as a pregnancy no longer than 15 weeks that resulted from rape, incest, or human trafficking.

Georgia Abortion Law

Abortion is generally prohibited once the fetus has a detectable human heartbeat.

Georgia Code Section 16-12-141 provides that no abortion is authorized or shall be performed if an unborn child has been determined to have a detectable human heartbeat. (This is usually about six weeks into a pregnancy.) There are exceptions when a physician determines that a medical emergency exists or that the pregnancy is medically futile. There is also an exception when the probable gestational age of the unborn child is 20 weeks or less, and the pregnancy is the result of rape or incest in which an official police report has been filed alleging the offense of rape or incest.

Hawaii Abortion Law

Abortion is generally prohibited after viability.

Hawaii Revised Statutes Section 453-16 provides that a licensed physician may provide abortion care. However, the statute narrowly defines "abortion" as an intentional termination of the pregnancy of a non-viable fetus. The statute further provides that the state must not deny or interfere with a pregnant person’s right to choose to obtain an abortion (as defined above), or deny or interfere with a pregnant person’s right to choose to terminate a pregnancy if the termination is necessary to protect the life or health of the pregnant person.

Idaho Abortion Law

Abortion is generally prohibited.

Idaho Code Section 18-622 provides that every person who performs an abortion commits the crime of criminal abortion. There is an exception when the abortion is necessary to prevent the death of the pregnant woman, and certain additional requirements are met. There is also an exception during the first trimester of pregnancy for certain situations involving rape or incest.

Illinois Abortion Law

Abortion is generally prohibited after viability.

775 Illinois Compiled Statutes Section 55/1-25 provides that a health care professional may provide abortion care in accordance with their professional judgment and training and based on accepted standards of clinical practice. However, if the health care professional determines that there is fetal viability, they may provide abortion care only if the abortion is necessary to protect the life or health of the patient.

Indiana Abortion Law

Abortion is generally prohibited.

Indiana Code Section 16-34-2-1 provides that abortion is generally a criminal act. There are three exceptions. First, an abortion potentially may be performed before fetal viability or 20 weeks of post-fertilization age (whichever is earlier) when the abortion is necessary to prevent a serious health risk to the pregnant woman or to save her life, or the fetus is diagnosed with a lethal fetal anomaly. It also potentially may be performed during the first 10 weeks of post-fertilization age when the pregnancy is a result of rape or incest. Finally, an abortion potentially may be performed at or after fetal viability or 20 weeks of post-fertilization age (whichever is earlier) when the abortion is necessary to prevent a serious health risk to the pregnant woman or to save her life.

Iowa Abortion Law

Abortion is generally prohibited from 20 weeks of post-fertilization age.

Iowa Code Section 146B.2 provides that a physician must not perform an abortion when the probable post-fertilization age of the unborn child is 20 or more weeks. There are exceptions when the pregnant woman has a condition that the physician deems a medical emergency, or the abortion is necessary to preserve the life of an unborn child. (A separate law provides that a physician must not perform an abortion when the unborn child has a detectable fetal heartbeat, unless a medical emergency exists or the abortion is medically necessary. However, courts have blocked the enforcement of this law.)

Kansas Abortion Law

Abortion is generally prohibited from 22 weeks of gestational age.

Kansas Statutes Section 65-6724 provides that no person may perform or induce an abortion on a pain-capable unborn child. (Section 65-6723 defines a pain-capable unborn child as an unborn child that has reached the gestational age of 22 weeks.) There are exceptions in certain situations when the abortion is necessary to preserve the life of the pregnant woman, or a continuation of the pregnancy will cause a substantial and irreversible physical impairment of a major bodily function.

Kentucky Abortion Law

Abortion is generally prohibited.

Kentucky Revised Statutes Section 311.772 prohibits abortion. It provides an exception for a medical procedure that is necessary to prevent death or substantial risk of death due to a physical condition, or to prevent the serious, permanent impairment of a life-sustaining organ of a pregnant woman.

Louisiana Abortion Law

Abortion is generally prohibited.

Louisiana Revised Statutes Section 40:1061 prohibits abortion. It provides an exception for a medical procedure that is necessary to prevent death or substantial risk of death due to a physical condition, or to prevent the serious, permanent impairment of a life-sustaining organ of a pregnant woman.

Maine Abortion Law

Abortion is generally prohibited after viability.

22 Maine Revised Statutes Section 1598 provides that the state will not restrict a woman’s exercise of her private decision to terminate a pregnancy before viability. After viability, an abortion may be performed only when it is necessary.

Maryland Abortion Law

Abortion is comprehensively protected until viability.

Maryland Health-General Code Section 20-209 provides that the state may not interfere with the decision of a woman to terminate a pregnancy before the fetus is viable, or at any time if the termination is necessary to protect the life or health of the woman or if the fetus is affected by a genetic defect or a serious deformity or abnormality.

Massachusetts Abortion Law

Abortion is generally prohibited from 24 weeks of pregnancy.

Massachusetts General Laws Chapter 112 Section 12M provides that a physician may perform an abortion if a pregnancy has existed for less than 24 weeks. Section 12N provides that an abortion may not be performed if a pregnancy has existed for 24 weeks or more unless it is necessary to preserve the life of the patient or their physical or mental health, or unless it is warranted because of a lethal fetal anomaly or the fetus is incompatible with sustained life outside the uterus.

Michigan Abortion Law

Abortion may be regulated after viability.

A new law that took effect in 2024 provides that every individual has a fundamental right to reproductive freedom. However, the state may regulate the provision of abortion care after fetal viability, although it may not prohibit an abortion that is medically indicated to protect the life or physical or mental health of the pregnant person.

Minnesota Abortion Law

Abortion is a fundamental right.

Minnesota Statutes Section 145.409 provides that every individual has a fundamental right to make autonomous decisions about their own reproductive health, including the fundamental right to use or refuse reproductive health care. Every individual who becomes pregnant has a fundamental right to continue the pregnancy and give birth, or obtain an abortion, and to make autonomous decisions about how to exercise this fundamental right.

Mississippi Abortion Law

Abortion is generally prohibited.

Mississippi Code Section 41-41-45 prohibits abortion except when necessary for the preservation of the pregnant woman’s life or when the pregnancy was caused by rape. (The rape exception applies only if a formal charge of rape was filed with an appropriate law enforcement official.)

Missouri Abortion Law

Abortion is generally prohibited.

Missouri Revised Statutes Section 188.017 prohibits abortion except in cases of medical emergency.

Montana Abortion Law

Abortion is generally prohibited after viability.

Montana Code Section 50-20-109 provides that an abortion may not be performed on an unborn child who is viable, unless it is necessary to preserve the life of the pregnant woman. (Montana statutes also prohibit an abortion when an unborn child is capable of feeling pain, as defined by the statutes, but this law has been struck down for violating the state constitution.)

Nebraska Abortion Law

Abortion is generally prohibited from 12 weeks of gestational age.

Nebraska Revised Statutes Section 71-6915 prohibits abortion if the probable gestational age of the preborn child has been determined to be 12 or more weeks. There are exceptions for a medical emergency, a pregnancy resulting from sexual assault, or a pregnancy resulting from incest.

Nevada Abortion Law

Abortion is generally prohibited after 24 weeks of pregnancy.

Nevada Revised Statutes Section 442.250 provides that an abortion may be performed within 24 weeks after the commencement of the pregnancy. It may be performed after the 24th week only if the doctor has reasonable cause to believe that an abortion currently is necessary to preserve the life or health of the pregnant woman.

New Hampshire Abortion Law

Abortion is generally prohibited from 24 weeks of gestational age.

New Hampshire Revised Statutes Section 329:44 prohibits abortion when the probable gestational age of the fetus has been determined to be at least 24 weeks, or when the probable gestational age has not been determined. There are exceptions for fetal abnormalities incompatible with life and for medical emergencies.

New Jersey Abortion Law

Abortion is a fundamental right.

New Jersey Revised Statutes Section 10:7-2 states that every person in the state has the fundamental right to choose whether to terminate a pregnancy.

New Mexico Abortion Law

Abortion is accessible.

In 2021, New Mexico repealed its long-standing abortion ban, which had been blocked by Roe. No new ban has been enacted after Dobbs. In 2023, New Mexico enacted a law prohibiting a state or local government (or another "public body" as defined by the law) from denying, restricting, or interfering with a person's ability to access reproductive health care, which includes abortion.

New York Abortion Law

Abortion is generally prohibited after 24 weeks of pregnancy.

New York Public Health Law Section 2599-BB provides that a health care practitioner may perform an abortion when the patient is within 24 weeks from the commencement of pregnancy, there is an absence of fetal viability, or the abortion is necessary to protect the patient’s life or health.

North Carolina Abortion Law

Abortion is generally prohibited after 12 weeks of pregnancy.

North Carolina General Statutes Section 90-21.81B permits abortion during the first 12 weeks of a woman’s pregnancy. An abortion may be performed after the 12th week and through the 20th week when the pregnancy resulted from rape or incest. An abortion may be performed during the first 24 weeks when there is a life-limiting anomaly. An abortion may be performed for a medical emergency at any stage of pregnancy.

North Dakota Abortion Law

Abortion is generally prohibited.

North Dakota Century Code Section 12.1-19.1-02 prohibits abortion. However, Section 12.1-19.1-03 provides an exception for an abortion deemed necessary to prevent the death of or a serious health risk to the pregnant woman. There is also an exception for a pregnancy that resulted from gross sexual imposition, sexual imposition, sexual abuse of a ward, or incest if the probable gestational age of the unborn child is six weeks or less.

Ohio Abortion Law

Abortion is generally prohibited from 20 weeks of post-fertilization age.

Ohio Revised Code Section 2919.201 prohibits abortion when the probable post-fertilization age of the unborn child is 20 weeks or greater. There is an exception if the abortion is necessary to prevent the death of the pregnant woman or a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman. (Another law prohibits abortion when a fetal heartbeat has been detected, which is usually about six weeks into a pregnancy. However, the enforcement of this law has been blocked by a court order.)

Oklahoma Abortion Law

Abortion is generally prohibited.

21 Oklahoma Statutes Section 861 prohibits abortion unless it is necessary to preserve the life of a pregnant woman.

Oregon Abortion Law

Abortion is a fundamental right.

Oregon Revised Statutes Section 435.210 provides that every individual has a fundamental right to make decisions about their reproductive health, including the right to make decisions about their reproductive health care and to terminate their pregnancy.

Pennsylvania Abortion Law

Abortion is generally prohibited from 24 weeks of gestational age.

18 Pennsylvania Consolidated Statutes Section 3211 prohibits abortion when the gestational age of the unborn child is 24 or more weeks. There is an exception when the abortion is necessary to prevent the death of the pregnant woman or the substantial and irreversible impairment of a major bodily function of the woman.

Rhode Island Abortion Law

Abortion is generally prohibited after viability.

Rhode Island General Laws Section 23-4.13-2 provides that the state must not restrict a person from terminating their pregnancy prior to fetal viability. However, termination after fetal viability is prohibited except when necessary to preserve the life or health of a pregnant woman.

South Carolina Abortion Law

Abortion is generally prohibited once a fetal heartbeat is detected.

South Carolina Code of Laws Section 44-41-630 prohibits abortion if the unborn child’s fetal heartbeat has been detected, which is usually about six weeks into a pregnancy. Section 44-41-640 provides an exception for a medical emergency, or to prevent the death of the pregnant woman or prevent the serious risk of a substantial and irreversible impairment of a major bodily function of the pregnant woman. Section 44-41-650 provides an exception when a pregnancy resulted from rape or incest, and the probable gestational age of the unborn child is not more than 12 weeks. Section 44-41-660 provides an exception for an abortion due to the existence of a fatal fetal anomaly.

South Dakota Abortion Law

Abortion is generally prohibited.

South Dakota Codified Laws Section 22-17-5.1 prohibits abortion unless it is necessary to preserve the life of the pregnant woman.

Tennessee Abortion Law

Abortion is generally prohibited.

Tennessee Code Section 39-15-213 prohibits abortion unless it is necessary to prevent the death of the pregnant woman or to prevent serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman.

Texas Abortion Law

Abortion is generally prohibited.

Texas Health and Safety Code Section 170A.002 prohibits abortion unless the pregnant woman has a life-threatening physical condition aggravated by, caused by, or arising from a pregnancy that places the woman at risk of death or poses a serious risk of substantial impairment of a major bodily function unless the abortion is performed or induced.

Utah Abortion Law

Abortion is generally prohibited from 18 weeks of gestational age.

Utah Code Section 76-7-302 provides that an abortion generally may be performed only if the unborn child has not reached 18 weeks of gestational age. Otherwise, it may be performed only if it is necessary to avert the death of the woman or a serious physical risk of substantial impairment of a major bodily function of the woman, or if two doctors concur that the fetus has a fetal abnormality that is incompatible with life. (Another law provides a more comprehensive ban, but this law has been blocked by courts.)

Vermont Abortion Law

Abortion is a fundamental right.

18 Vermont Statutes Section 9493 provides that the state recognizes the fundamental right of every person who becomes pregnant to choose to have an abortion.

Virginia Abortion Law

Abortion is generally prohibited after the second trimester.

Code of Virginia Section 18.2-72 provides that an abortion is legal during the first trimester of pregnancy. Section 18.2-73 provides that an abortion is legal during the second trimester of pregnancy if the procedure is performed in a hospital licensed by the State Department of Health or operated by the Department of Behavioral Health and Developmental Services. Section 18.2-74 provides that an abortion after the second trimester is legal only if the physician and two consulting physicians certify that the continuation of the pregnancy is likely to result in the death of the woman or substantially and irremediably impair her mental or physical health.

Washington Abortion Law

Abortion is generally prohibited after viability.

Revised Code of Washington Section 9.02.110 provides that the state may not deny or interfere with a pregnant person’s right to choose to have an abortion prior to viability of the fetus, or to protect the pregnant person’s life or health. Section 9.02.120 prohibits any abortion that is not authorized by Section 9.02.110.

Washington, D.C. Abortion Law

Abortion is a recognized right.

District of Columbia Code Section 7-2086.01 provides that the District recognizes the right of every person who becomes pregnant to decide whether to have an abortion. However, Congressional oversight over the District complicates its authority to enact laws on these types of contested issues.

West Virginia Abortion Law

Abortion is generally prohibited.

West Virginia Code Section 16-2R-3 generally prohibits abortion unless the embryo or fetus is non-viable, the pregnancy is ectopic, or a medical emergency exists. (Note that “non-viable” means an embryo or fetus that has a lethal anomaly that makes it incompatible with life outside the uterus.) There is also an exception within the first eight weeks of pregnancy of an adult when the pregnancy resulted from sexual assault or incest, and the patient has reported the sexual assault or incest to a law enforcement agency. Similarly, there is an exception within the first 14 weeks of pregnancy for a minor or an incompetent or incapacitated adult when the pregnancy resulted from sexual assault or incest, and either the sexual assault or incest has been reported to law enforcement or the patient has obtained medical treatment for it.

Wisconsin Abortion Law

Abortion is generally prohibited from 20 weeks of post-fertilization age.

Wisconsin Statutes Section 253.107 prohibits abortion when an unborn child is considered capable of experiencing pain, unless the woman is undergoing a medical emergency. According to the statute, this means that the probable post-fertilization age of the unborn child is 20 or more weeks.

Wyoming Abortion Law

Abortion is generally prohibited after viability.

Wyoming Statutes Section 35-6-102 prohibits abortion after the embryo or fetus has reached viability, except when necessary to preserve the woman from an imminent peril that substantially endangers her life or health. (A comprehensive ban in the same statute was intended to take effect when Roe was overruled, but it has been blocked by courts.)

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