Abortion law in the United States by state
The legality of abortion in the United States and the various restrictions imposed on the procedure vary significantly depending on the laws of each state or other jurisdiction. Some states prohibit abortion at all stages of pregnancy with few exceptions, others permit it up to a certain point in a woman's pregnancy, while others allow abortion throughout a woman's pregnancy. In states where abortion is legal, several classes of restrictions on the procedure may exist, such as parental consent or notification laws, requirements that patients be shown an ultrasound before obtaining an abortion, mandatory waiting periods, and counselling requirements.
| Illegal with exceptions[a] Legal but no providers Legal through 12th week LMP* Legal through 15th week LMP* (1st trimester) Legal through 18th week LMP* Legal through 20th week LMP* Legal through 22nd week LMP* (5 months) Legal through 24th week LMP* (5½ months) Legal through second trimester[d] Legal at any stage *LMP is the time since the last menstrual period began. |
From 1973 to 2022, Supreme Court rulings in Roe v. Wade (1973) and Planned Parenthood v. Casey (1992), respectively, created and maintained federal protections for a pregnant woman's right to get an abortion, ensuring that states could not ban abortion prior to the point at which a fetus may be deemed viable. However, Roe and Casey were overturned by Dobbs v. Jackson Women's Health Organization (2022), and states may now impose any regulation on abortion, provided it satisfies rational basis review and does not otherwise conflict with federal law. Prior to the Court's decision in Dobbs, many states enacted trigger laws to ban abortion should Roe be overturned. Additionally, several states either have enacted or are in the process of enacting stricter abortion laws following Dobbs, and some have resumed enforcement of laws in effect prior to 1973. While such laws are no longer considered to violate the United States Constitution, they continue to face some legal challenges in state courts.
As of 2023, abortions are generally most heavily restricted in the Bible Belt states.
Current legal status nationwide edit
This section needs additional citations for verification. (April 2023) |
2 Massachusetts' parental consent law only applies to minors under the age of 16. South Carolina's law only apples to minors under 17.
Individual states have broad discretion to prohibit or regulate abortion and the legal position varies considerably from state to state. The Supreme Court had removed this discretion, and created a federal right to abortion, with the 1973 Roe v. Wade judgement, but this ruling was reversed 49 years later by the Supreme Court's ruling in the 2022 Dobbs v. Jackson case. States have passed laws to restrict late-term abortions, require parental notification for minors, and mandate the disclosure of abortion risk information to patients prior to the procedure. Currently, legislatures in 22 states state they would move to ban or further restrict abortion laws throughout the U.S.
The key deliberated article of the US Constitution is the Fourteenth Amendment, which states that:
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.[1]
The official report of the US Senate Judiciary Committee, issued in 1983 after extensive hearings on the Human Life Amendment (proposed by Senators Orrin Hatch and Thomas Eagleton), stated:
Thus, the [Judiciary] Committee observes that no significant legal barriers of any kind whatsoever exist today in the United States for a woman to obtain an abortion for any reason during any stage of her pregnancy.[2]
A number of states limit elective abortions to a maximum number of weeks into pregnancy, usually prior to when the fetus could survive if removed from the womb. For comparative purposes, the youngest child thought to have survived a premature birth in the United States was Curtis Means born on July 5, 2020, in Birmingham, Alabama, at 21 weeks and 1 day gestational age or 148 days, vs. possibly expected gestational period of 40 weeks, approx. 280 days.[3]
Compared to other developed countries, the procedure is more available in the United States in terms of how late the abortion can legally be performed. However, in terms of other aspects such as government funding, privacy for non-adults, or geographical access, some US states are far more restrictive. In most European countries elective abortion care is allowed only during the first trimester, with abortions during later stages of pregnancy allowed only for specific reasons (e.g. physical or mental health reasons, risk of birth defects, if the woman was raped etc.). The reasons that can be invoked by a woman seeking an abortion after the first trimester vary by country, for instance, some countries, such as Denmark, provide a wide range of reasons, including social and economic ones.[4]
There are no national laws or restrictions regulating abortion in Canada, although each individual province sets its own guidelines. In Australia, the law on abortion varies by state/territory. In many countries, abortion has been legalized by respective parliaments, while in the US abortion has previously been deemed a constitutional right by the Supreme Court, although this was reversed in 2022.
Because of the split between federal and state law, legal access to abortion continues to vary somewhat by state. Geographic availability, however, varies dramatically, with 87 percent of US counties having no abortion provider.[5] Moreover, due to the Hyde Amendment, many state health programs which poor women rely on for their health care do not cover abortions; currently only 17 states (including California, Illinois and New York) offer or require such coverage.[6]
The 1992 case of Planned Parenthood v. Casey overturned Roe's strict trimester formula, but reemphasized the right to abortion as grounded in the general sense of liberty and privacy protected under the Due Process Clause of the Fourteenth Amendment to the United States Constitution:
"If the right of privacy means anything, it is the right of the individual, married or single, to be free from unwarranted governmental intrusion into matters so fundamentally affecting a person as the decision whether to bear or beget a child."
Advancements in medical technology meant that a fetus might be considered viable, and thus have some basis of a right to life, at 22 or 23 weeks rather than at the 28 that was more common at the time Roe was decided. For this reason, the old trimester formula was ruled obsolete, with a new focus on viability of the fetus.
Since 1995, led by Congressional Republicans, the US House of Representatives and US Senate have moved several times to pass measures banning the procedure of intact dilation and extraction, also commonly known as partial birth abortion. After several long and emotional debates on the issue, such measures passed twice by wide margins, but President Bill Clinton vetoed those bills in April 1996 and October 1997 respectively, on the grounds that they did not include health exceptions. Congressional supporters of the bill argued that a health exception would render the bill unenforceable, since the Doe v. Bolton decision defined "health" in vague terms, justifying any motive for obtaining an abortion. Subsequent Congressional attempts at overriding the veto were unsuccessful. On October 2, 2003, with a vote of 281–142, the House again approved a measure banning the procedure, called the Partial-Birth Abortion Ban Act. Through this legislation, a doctor could face up to two years in prison and face civil lawsuits for performing such an abortion. A woman who undergoes the procedure cannot be prosecuted under the measure. The measure contains an exemption to allow the procedure if the woman's life is threatened.
On October 21, 2003, the United States Senate passed the same bill by a vote of 64–34, with a number of Democrats joining in support. The bill was signed by President George W. Bush on November 5, 2003, but a federal judge blocked its enforcement in several states just a few hours after it became public law. The Supreme Court upheld the nationwide ban on the procedure in the case Gonzales v. Carhart on April 18, 2007. The 5–4 ruling said the Partial-Birth Abortion Ban Act does not conflict with previous Court decisions regarding abortion. The decision marked the first time the court allowed a ban on any type of abortion since 1973. The swing vote, which came from moderate justice Anthony Kennedy, was joined by Justices Antonin Scalia, Clarence Thomas, and the two recent appointees, Samuel Alito and Chief Justice John Roberts. Gonzales was eventually followed by United States v. Texas and Whole Women's Health v. Jackson, and finally superseded by Dobbs v. Jackson.
Current legal status of abortion by state, territory, or district edit
In the aftermath of the Dobbs ruling, state legislation and court rulings determine most aspects of abortion access in the United States. The following sections outline the current status of abortion law in the various states and territories; references to weeks refer to the number of weeks since the pregnant individual's last menstrual period, or LMP, which is typically used as a measure of how long they have been pregnant.
Alabama edit
Abortion is illegal in Alabama, with exceptions to preserve the pregnant individual's life or physical health, or if the fetus has a fatal anomaly. There are no exceptions for rape or incest.[7]
Performing an abortion is a Class A felony with up to 99 years in prison, and attempted abortion is a Class C felony punishable by 1 to 10 years in prison, under a law passed in May 2019.[8]
Alabama Attorney General Steve Marshall stated that Alabama law would allow the state to prosecute those who helped organize or finance trips by Alabamians to other states in order to receive abortions, even if abortion were legal in those states. In July 2023, two abortion advocacy groups filed lawsuits seeking to prevent such prosecutions.[9]
Alaska edit
Abortion is legal in Alaska at all stages of pregnancy.
Only licensed physicians may perform abortion procedures. Alaska does not require a minor to notify a parent or guardian in order to obtain an abortion.[10][11]
American Samoa edit
Abortion is illegal in American Samoa, and was effectively illegal there before Roe v. Wade was overturned.[12]
Arizona edit
Abortion is legal in Arizona up to 15 weeks of pregnancy, though litigation in state courts over conflicting state laws is ongoing.[13]
Patients must meet with a physician at least 24 hours before the procedure, and a licensed physician must perform the procedure. Minors under the age of 18 must receive parental consent.[14]
A total abortion ban was passed by the Arizona Territory legislature in 1864 that was invalidated by Roe. A 15-week ban trigger law was passed in Arizona in 2022. However, after the Dobbs decision was handed down later that year, there was confusion over which of the two laws should go into effect: Governor Doug Ducey backed the 15-week ban, while Attorney General Mark Brnovich held that the older total ban should be operative. In December 2022, a state appeals court ruled that the 2022 law should take precedence, as 50 years of post-Roe regulations had invalidated the 1864 law, and allowed abortions up to 15 weeks to resume in the state.[15] Meanwhile, the 2022 Arizona elections resulted in the election of Governor Katie Hobbs and Attorney General Kris Mayes, both of whom support abortion rights; Mayes refused to defend either law in the ongoing litigation before the Arizona Supreme Court, leaving various legislators and pro-life groups jockeying to take up the defense.[13][16][17] In August 2023, the state supreme court agreed to review the lower court's ruling.[18]
In July 2023, Hobbs issued an executive order stripping local prosecutors of their ability to file prosecutions over the 15-week ban or (if it's revived in court) the 1864 ban, and assigning that power to Mayes, who in turn stated that she had no intention of ever filing such prosecutions.[19][20]
Arkansas edit
Abortion is illegal in Arkansas, with an exception for abortions necessary to save the life of the pregnant individual; there are no exceptions for rape, incest, or fatal fetal abnormalities.[21][22]
Doctors determined to have performed an abortion face up to 10 years in prison and fines up to $100,000.[23]
California edit
Abortion is legal in California up to the point of fetal viability.
Nurse-midwives and other non-physician medical personnel with proper training may perform abortion procedures. Public universities are required by law to provide Mifepristone at no cost to students. California does not require a minor to notify a parent or guardian in order to obtain an abortion.[14] In November 2022, California voters passed Proposition 1, enshrining the right to abortion and contraception in the state constitution.[24]
Colorado edit
Abortion is legal in Colorado at all stages of pregnancy. Minors' parents or legal guardians must receive notice before the procedure.[14]
In 2008, Kristine and Michael Burton of Colorado for Equal Rights proposed Colorado Amendment 48, an initiative to amend the definition of a person to "any human being from the moment of fertilization."[25][26] On November 4, 2008, the initiative was turned down by 73.2 percent of the voters.[27]
The state passed the Reproductive Health Equity Act into law in April 2022, which protects abortion rights and assures "every individual has a fundamental right to make decisions about the individual's reproductive health care, including the fundamental right to use or refuse contraception; a pregnant individual has a fundamental right to continue a pregnancy and give birth or to have an abortion and to make decisions about how to exercise that right; and a fertilized egg, embryo, or fetus does not have independent or derivative rights under the laws of the state."[28]
Connecticut edit
Abortion is legal in Connecticut up to the point of fetal viability, or after that if necessary to preserve the life or health (including mental health) of the pregnant individual.[29][30] Connecticut does not require a minor to notify a parent or guardian in order to obtain an abortion.[31]
The 1821 abortion law of Connecticut was the first known law passed in the United States to restrict abortion. Although this law did not completely outlaw abortions, it placed heavier restrictions as it prevented people from attempting or receiving abortions, which was generally through the consumption of poison, during the first four months of a pregnancy.[32]
District of Columbia edit
Abortion is legal in the District of Columbia at all stages of pregnancy. The District of Columbia does not require a minor to notify a parent or guardian in order to obtain an abortion.[33]
A previous statute making abortion a criminal offense in the District was repealed in 2004. The consequence of this repeal is that abortion is completely unregulated in the District throughout the period of pregnancy.
Delaware edit
Abortion is legal in Delaware up to the point of fetal viability. Parental notification is required for minors under the age of 16.[34]
55% of adults said in a poll by the Pew Research Center that abortion should be legal in all or most cases. There was a therapeutic exceptions in the state's legislative ban on abortions by 1900. Informed consent laws were on the books by 2007. As of May 14, 2019, the state prohibited abortions after the fetus was viable, generally some point between week 24 and 28. This period uses a standard defined by the US Supreme Court in 1973 with the Roe v. Wade ruling.
Florida edit
Abortion is legal up to 15 weeks in Florida, though a trigger law establishing a 6-week ban has been passed and is awaiting the outcome of litigation in state courts. Parental consent is required for minors under the age of 18.[35]
Until 2022, abortion in Florida was legal up to the 24th week of pregnancy. 56% of adults said in a poll by the Pew Research Center that abortion should be legal in all or most cases. An abortion ban with therapeutic exception was in place by 1900. Such laws were in place after the American Medical Association sought to criminalize abortion in 1857. By 2007, the state had a customary informed consent provision for abortions. By 2013, state Targeted Regulation of Abortion Providers (TRAP) law applied to medication induced abortions. Attempts to ban abortion took place in 2011, 2012, 2013, 2014, 2015 and 2016.
There is a privacy clause in the Constitution of Florida, and the Supreme Court of Florida in 1989 ruled that it protected a right to abortion in the state. However, the current composition of the court is seen as more conservative and many observers believe that the 1989 decision will ultimately be overturned; the Florida Legislature outlawed abortion after 15 weeks in 2022 and the court declined to stay that law as challenges to it make their way through the Florida legal system. In 2023, the Florida Legislature passed a "heartbeat bill" banning abortion at 6 weeks, but the law has a trigger provision preventing it from going into effect unless the Florida Supreme Court rules in favor of the 15 week ban.[36]
As of November 2023[update], Florida abortion rights supporters are working to get an initiative on the ballot in 2024 that would expand abortion access.[37]
Georgia edit
Abortion is legal in Georgia up to 6 weeks. Parental notification is required for minors under the age of 18.[38]
Georgia passed an abortion law on May 7, 2019[update], which prohibits abortions after a fetal heartbeat is detected, usually six weeks following the last menstrual period.[7][39] The constitutionality of the law was challenged by the American Civil Liberties Union, Planned Parenthood, and the Center for Reproductive Rights. In October 2019, the federal judge overseeing the case blocked enforcement of the ban, which was to take effect in January 2020, stating that the plaintiffs have shown a likelihood of winning the case.[40]
The law was reinstated after the Dobbs ruling. A court challenge based on the premise that the law violated the U.S. Constitution when it was passed because it was passed before Dobbs was rejected by the state Supreme Court in 2023; litigation over whether the law violates the state constitution is continuing in lower courts.[41][42]
Guam edit
Abortion services are currently unavailable in Guam because there are no local clinicians who provide them.
Abortion is legal in Guam up to 13 weeks; up to 26 weeks in cases of rape, incest, or if "the child would be born with a grave physical or mental defect"; or at any time if a physician can demonstrate "substantial risk that continuance of the pregnancy would endanger the life of the mother or would gravely impair the physical or mental health of the mother".[43]
However, there have been no physicians based in Guam who have provided abortions since the last provider retired in 2016. In January 2021, a court injunction blocked a law that required an in-person consultation before an abortion, which allowed doctors licensed to practice in Guam but resident elsewhere to prescribe abortion pills to Guam residents via telemedicine; two doctors in Hawaii did so,[44] but an appeals court lifted the injunction in August 2023.[45]
A 1990 law that would ban nearly all abortions is blocked by federal courts. Attorney General of Guam Douglas Moylan is currently appealing this injunction.[44][46] The Legislature of Guam passed a six-week ban in 2022 that was vetoed by Governor Lou Leon Guerrero.[44]
Hawaii edit
Abortion is legal in Hawaii up to the point of fetal viability. Hawaii does not require a minor to notify a parent or guardian in order to obtain an abortion.[47]
As of 2017, there are 28 clinics in Hawaii that will perform abortions. As of January 2021, an abortion can be performed after viability if the patient's life or overall health is in danger.[48]
Idaho edit
Abortion is illegal in Idaho, with exceptions for rape, incest, and to save the pregnant individual's life; there are no exceptions for fatal fetal abnormalities.[49][50]
Illinois edit
Abortion is legal in Illinois up to the point of fetal viability.[51]
Illinois does not require a minor to notify a parent or guardian in order to obtain an abortion.[52] As of 2017[update], Illinois had 40 facilities that can perform abortions.[53] In 2019, the Illinois state legislature passed into law the Reproductive Health Act, which repealed all earlier state restrictions on abortion and codified abortion and contraception rights into state law.[54]
Indiana edit
Abortion is currently illegal in Indiana, with exceptions for fatal fetal abnormalities, to preserve the life and physical health of the pregnant individual, or (before 10 weeks post-fertilization) in cases of rape or incest.[55][56]
Iowa edit
Abortion is legal in Iowa up to 20 weeks, pending litigation in state court over a 6-week ban passed by the state legislature. Parental notification is required for minors under the age of 18.[57]
Iowa passed a six-week "heartbeat" ban in 2018 that was struck down by the Iowa Supreme Court, which ruled that the Iowa constitution protects the right to abortion. However, the court reversed that ruling in on June 17, 2022, a week before the U.S. Supreme Court issued its ruling in Dobbs.[58] Justice Edward Mansfield wrote in the majority that "All we hold today is that the Iowa Constitution is not the source of a fundamental right to an abortion necessitating a strict scrutiny standard of review for regulations affecting that right".[58]
In the wake of this reversal, the 2018 ban made its way through the Iowa court system again; in June 2023, the Iowa Supreme Court deadlocked 3–3 on the law, with one justice recusing themselves, which means a lower court ruling blocking the law remains permanently in place.[59] The next month, Iowa governor Kim Reynolds signed similar legislation that was almost immediately blocked by a district court pending litigation.[60]
Kansas edit
Abortion is legal in Kansas up to 20 weeks. Parental consent is required for minors under the age of 18.[61]
Kansas lawmakers approved sweeping anti-abortion legislation (HB 2253) on April 6, 2013,[62] that says life begins at fertilization, forbids abortion based on gender and bans Planned Parenthood from providing sex education in schools.[63] In 2015, Kansas became the first state to ban the dilation and evacuation procedure, a common second-trimester abortion procedure.[64] But the new law was later struck down by the Kansas Court of Appeals in January 2016 without ever having gone into effect.[65]
In April 2019, the Kansas Supreme Court affirmed the lower court's decision, and ruled that the right to abortion is inherent within the state's constitution and bill of rights, such that even if Roe v. Wade were overturned and the federal protection of abortion rights is withdrawn, the right would still be allowed within Kansas, barring a change in the state constitution.[66] A proposed constitutional amendment that would have superseded this ruling was decisively rejected by voters on August 2, 2022,[67] six weeks after Roe was overturned in Dobbs v. Jackson Women's Health Organization.
Kentucky edit
Abortion is illegal in Kentucky except when necessary to prevent the patient from dying or to prevent the permanent impairment of a "life-sustaining organ". There are no exceptions for rape, incest or fatal fetal abnormalities.[7][68]
Performing an illegal abortion is a Class C felony, with imprisonment of 5 to 10 years and fines of $1,000 to $10,000.[69]
The ACLU announced plans to sue the state in court, claiming that the state constitution recognizes abortion as a right.[70][71] On June 30, 2022, Jefferson County Circuit Judge Mitch Perry issued a temporary restraining order blocking enforcement of the state's abortion ban pending further hearings to determine if the ban violates the Kentucky Constitution. This order temporarily allows both elective abortion providers, which are both located in Louisville, to temporarily resume elective abortions.[72] Both the Kentucky Court of Appeals and the Kentucky Supreme Court refused a request to dissolve the restraining order.;[73][74] however, the trigger law banning abortions was reinstated 1 August 2022.[75][76]
In November 2022, Kentucky voters rejected an amendment that would have denied any right to abortion in the state constitution.[77] On February 16, 2023, the Kentucky Supreme Court ruled that abortion providers lacked standing to challenge the state's abortion ban, but did not elaborate on whether or not the Kentucky Constitution secured abortion rights.[78]
Louisiana edit
Abortion is illegal in Louisiana except in cases of fetal abnormalities or when performed to save the pregnant individual's life. There are no exceptions for rape or incest.[23][7][79]
A lawsuit by Hope Medical Group for Women and Medical Students for Choice challenging the ban was denied on appeal by the Louisiana Supreme Court in August 2022.[80][81]
Maine edit
Abortion is legal in Maine throughout all stages of pregnancy, though it must be approved as necessary by a licensed physician after fetal viability.[82] Maine does not require a minor to notify a parent or guardian in order to obtain an abortion.[83]
Physicians, physician's assistants, nurse practitioners, and other professional medical providers may perform the procedure.[84]
Maryland edit
Abortion is legal in Maryland up to the point of fetal viability. Parental notification is required for minors under the age of 18.[85]
Massachusetts edit
Abortion is legal in Massachusetts up to 24 weeks. Parental consent is required for minors under the age of 16.[86]
In December 2020, the Massachusetts state legislature enshrined abortion rights into state law.[87]
Michigan edit
Abortion is legal in Michigan up to the point of fetal viability. Parental consent is required for minors under the age of 18.[88]
While the legal landscape around abortion in Michigan was unclear in the wake of the Dobbs decision due to various conflicting pre-Roe laws that were still on the books, in November 2022, Michigan voters passed a state constitutional amendment that explicitly added the right to abortion and contraception to the Michigan state constitution.[89]
Minnesota edit
Abortion is legal in Minnesota up to the point of fetal viability. Minnesota does not require a minor to notify a parent or guardian in order to obtain an abortion.[90]
In January 2023, the Minnesota state legislature passed a bill enshrining the right to abortion and contraception into Minnesota statutes. The Minnesota Supreme Court had previously ruled in 1995 that the Minnesota state constitution conferred a right to abortion.[91]
Mississippi edit
Abortion is illegal in Mississippi, with exceptions when the pregnant person's life is in danger, as well as in rape cases. There are no exceptions for fatal fetal abnormalities.[92]
Attempted or completed abortion is punishable with a maximum of 10 years imprisonment.[93]
Missouri edit
Abortion in Missouri is illegal, with exceptions when the pregnant person's life is severely at risk. There are no exceptions for rape, incest or fatal fetal abnormalities.[7][94][95]
Those who induce an illegal abortion will face felony charges with up to 15 years in prison.[94] While doctors are only permitted to perform abortions in cases of medical emergency under Missouri law, Section 188.017, the law "protects any woman who receives an illegal abortion from being prosecuted in violation of the Act."[96] In addition, providers who perform or induce "an abortion because of a medical emergency ... shall have the burden of persuasion that the defense is more probably true than not."[97] The near-total ban on abortions is currently being challenged in court,[98] and abortion-rights supporters are moving to put an initiative on the ballot to legalize abortion in 2024.[99]
Montana edit
Abortion is legal in Montana up to the point of fetal viability, pending the resolution of litigation over more restrictive laws passed by the state legislature. Parental consent is required for minors under the age of 16.[100]
In November 2022, Montana voters rejected a measure that would have given embryos and fetuses legal personhood status.[101]
The Montana Supreme Court ruled in 1999 that abortion was a right granted by the state constitution.[102] Nevertheless, several recent legislative initiatives have been passed in hopes of challenging that ruling. The legislature passed a 20-week ban in 2021,[103] and in 2023 passed a ban on dilation and evacuation, the most common technique used in abortions after 15 weeks. Both laws were blocked by the courts pending a final ruling.[104]
Nebraska edit
Abortion is legal in Nebraska up to 12 weeks. Parental consent is required for minors under the age of 18.[105]
Nevada edit
Abortion is legal in Nevada up to 24 weeks. Nevada does not require a minor to notify a parent or guardian in order to obtain an abortion.[106]
New Hampshire edit
Abortion is legal in New Hampshire up to 24 weeks. Parental consent is required for minors under the age of 18.[107]
New Jersey edit
Abortion is legal in New Jersey at all stages of pregnancy. New Jersey does not require a minor to notify a parent or guardian in order to obtain an abortion.[108]
New Mexico edit
Abortion is legal in New Mexico at all stages of pregnancy. New Mexico does not require a minor to notify a parent or guardian in order to obtain an abortion.[109]
New York edit
Abortion is legal in New York up to the point of 24 weeks. After 24 weeks, abortion is legal if necessary to save the life of the pregnant individual, or if the fetus is not viable. New York does not require a minor to notify a parent or guardian in order to obtain an abortion.[110]
New York is known in the U.S. as a reproductive sanctuary state. This means that abortion is legal and seen as health care provided by the state. There are approximately 252 facilities in New York that perform abortions.[111] In 2019 New York codified abortions laws and protection in state law. New York state Senator Alessandra Biaggi has proposed a bill that allows the option for taxpayers in New York to contribute to the abortion access fund on their tax forms. This essentially helps create more access to abortion in the state.[112]
North Carolina edit
Abortion is legal in North Carolina through the 12th week of pregnancy. In the case of rape or incest, abortion is legal through the 20th week of pregnancy. In the case of a "life-limiting" fetal abnormality, abortion is legal through the 24th week of pregnancy. If the pregnant individual's life is determined by a qualified physician to be at risk from the pregnancy, then abortion can be legally performed at any stage of pregnancy. Parental consent is required for minors under the age of 18, though a minor may obtain a judicial bypass that overrides this consent requirement.[113][114]
North Dakota edit
Abortion is illegal in North Dakota, with exceptions to save the life of the pregnant person, or, until 6 weeks into a pregnancy, in cases of rape or incest. There are no exceptions for fatal fetal abnormalities.[115]
After the Supreme Court overturned Roe v. Wade on June 24, 2022, North Dakota moved to ban "almost all abortions except in the case of rape, incest or where the mother’s life is at risk."[23] The ban was temporarily blocked by a court.[116] Performing an abortion under the proposed ban is a Class C felony,[93] punishable by up to five years in prison and up to a $10,000 fine.[117]
Before the Dobbs decision, the only abortion clinic operating in North Dakota was the Red River Women's Clinic, located in Fargo, which is immediately on the border with Minnesota. In light of the legal uncertainty after the decision, the clinic moved to Moorhead, Minnesota, just on the other side of the state line.[118]
Northern Mariana Islands edit
Abortion is illegal in the Northern Mariana Islands, and was illegal there before Roe was overturned.
Ohio edit
Abortion is legal in Ohio up to the point of fetal viability. After viability, abortion is legal if, in the professional judgement of an attending physician, the abortion is necessary to protect the pregnant individual’s life or health.[119] A 6-week abortion ban has been indefinitely blocked in court.[120] Parental consent is required for minors under the age of 18.[121]
Issue 1 edit
On November 7, 2023, a majority of Ohio voters voted in favor of Issue 1, which ratified an amendment to the state constitution to establish a constitutional right to abortion up to the point of fetal viability. The constitutional amendment took effect on December 7, 2023, thereby making pre-viability abortions legal in the state of Ohio.[122]
Prior to Issue 1 edit
Ohio had multiple layers of law (listed below from most strict to least) that attempted to make abortion illegal, resulting from multiple passed laws over the decades. These laws, however, are no longer enforceable due to the passage of Issue 1.[123]
ORC 2919.198 went into effect July 2019 that made abortion illegal after a "fetal heartbeat" can be detected, which is usually between five or six weeks after the first day of the last menstrual period. No exceptions were made for rape, incest, or a fetus determined to have Down Syndrome. However, an exception was made for medical emergencies, defined as a "serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman".[124]
Included in this law was a section called "immunity of pregnant woman", which overrode penalties for pregnant individuals who undertook an abortion after a "fetal heartbeat" had been detected.[125] This release of penalties did not extend to physicians or doctors who administered the abortion past a detectable heartbeat.[citation needed]
According to ORC 2919.17, abortion may not be performed after viability,[126] which, per ORC 2919.16:
"...means the stage of development of a human fetus at which in the determination of a physician, based on the particular facts of a woman's pregnancy that are known to the physician and in light of medical technology and information reasonably available to the physician, there is a realistic possibility of the maintaining and nourishing of a life outside of the womb with or without temporary artificial life-sustaining support."[124]
Viability tends to occur in the 24th week of pregnancy.[citation needed]
According to ORC 2919.201, abortion may not be performed if "the probable post-fertilization age of the unborn child is twenty weeks or greater".[127] Immunity was not provided in a separate section similar to ORC 2919.198.[citation needed]
Oklahoma edit
Abortion is illegal in Oklahoma unless necessary to save the life of the pregnant person. There are no exceptions for rape, incest or fatal fetal abnormalities.[7]
In 2016, Oklahoma state legislators passed a bill to criminalize abortion for providers, potentially charging them with up to three years in prison.[128] On May 20, 2016, Governor Mary Fallin vetoed the bill before it could become law, citing its wording as too vague to withstand a legal challenge.[129]
Governor Kevin Stitt signed three bills in 2021 that introduced new restrictions on abortion. One bill would revoke a medical license for people who perform abortions, another would ban abortions if a heartbeat is detected, and the third would require board-certified OB-GYN doctors be the only ones who can perform abortions.[130]
As of 2022, abortion is currently illegal in most cases in Oklahoma. Oklahoma's abortion ban took effect on May 25, 2022, when Governor Kevin Stitt signed HB 4327 into law, and abortion providers have ceased offering services in Oklahoma as of that date.[131][132] HB 4327 is modeled after the Texas Heartbeat Act and is enforced solely through civil lawsuits brought by private citizens, making it exceedingly difficult for abortion providers to challenge the constitutionality of the statute in court.[133][134]
On April 12, 2022, Governor Kevin Stitt signed into law a bill that banned abortion indefinitely, unless the life of the pregnant person was at stake, with no exceptions to rape and incest.[7][135] The penalty for performing an abortion is two to five years imprisonment.[136]
Oregon edit
Abortion is legal in Oregon at all stages of pregnancy.
In 2017 there were 20 facilities providing abortions in Oregon. As of January 2021, there are no major restrictions on abortion in the state, including no requirements for waiting period or parental consent for minors seeking abortions.[137]
Pennsylvania edit
Abortion is legal in Pennsylvania up to 24 weeks. Parental consent is required for minors under the age of 18.[138]
Puerto Rico edit
Abortion is legal in Puerto Rico at all stages of pregnancy. Puerto Rico does not require a minor to notify a parent or guardian in order to obtain an abortion.[139]
Rhode Island edit
Abortion is legal in Rhode Island up to the point of fetal viability.
71% of residents reported support of passing laws to protect safe abortion in 2018. There are restrictions in Rhode Island such as parental consent and clinic regulations in order to perform the procedure.[140]
South Carolina edit
Abortion in South Carolina is legal up to 6 weeks. Parental consent is required for minors under the age of 17.[141]
A 6-week abortion ban that had been passed before Dobbs as a trigger law was struck down in January 2023 by the South Carolina Supreme Court, which said it violated the state constitution.[142] A newly passed 6-week ban went in effect in August 2023, somewhat altered from the previous law in ways that address the State Supreme Court's objections, after the justice who wrote the opinion in the original case retired; the new law was judged constitutional by the state supreme court.[143][144][145][146]
South Dakota edit
Abortion is illegal in South Dakota, with exceptions to "preserve the life of the pregnant female," given "appropriate and reasonable medical judgment." There are no exceptions for rape, incest or fatal fetal abnormalities.[7][68][147]
The ban was had been enacted as a trigger law in 2005. Under the law, anyone who induces an abortion is "guilty of a Class 6 felony,"[147] with a maximum of two years imprisonment and $4,000 in fines.[148]
Tennessee edit
Abortion is illegal in Tennessee, with exceptions to terminate molar or ectopic pregnancies, to remove a miscarriage, to save the life of someone who is pregnant, or to "prevent serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman." Doctors are permitted to use their "reasonable medical judgment, based upon the facts known to the physician at the time" to determine if a situation falls into one of these exceptions. There are no exceptions for rape, incest, or fatal fetal abnormalities. The exceptions in the law were established in April 2023; previously, under a trigger law that went into effect after Dobbs, there were no exceptions to the state's abortion ban, though a doctor charged under the law could assert an affirmative defense that their actions were necessary to save their patient's life.[149] Anyone convicted of breaking the law could face 3 to 15 years in prison, as well as up to $10,000 in fines.[23]
Texas edit
Abortion is illegal in Texas, except when necessary to save the pregnant person's life. There are no exceptions for rape, incest or fatal fetal abnormalities.[7][94][150]
The Roe v. Wade case, tried in Texas, stands at the center of years of national debate about the issue of abortion.[151] Henry Wade was serving as District Attorney of Dallas County at the time.
On August 29, 2014, US District Judge Lee Yeakel struck down as unconstitutional two provisions of Texas' omnibus anti-abortion bill, House Bill 2 that was to come into effect on September 1. The regulation would have closed about a dozen abortion clinics, leaving only eight places in Texas to get a legal abortion, all located in major cities. Judge Lee Yeakel ruled that the state's regulation was unconstitutional and would have placed an undue burden on women, particularly on poor and rural women living in west Texas and the Rio Grande Valley.[152] The legal challenge to the law eventually reached the Supreme Court in Whole Woman's Health v. Hellerstedt (2016) which ruled that the law was unconstitutional, its burden of requiring abortion doctors to have admission privileges at a local hospital within 30 miles of the center to interfere with a woman's right to an abortion from Roe v. Wade.
In May 2021, Texas lawmakers passed the Texas Heartbeat Act, banning abortions as soon cardiac activity can be detected, typically as early as six weeks into pregnancy and often before women know they are pregnant. In order to avoid traditional constitutional challenges based on Roe v. Wade, the law provides that any non-government employee or official, excepting sexual perpetrators who conceived the fetus, may sue anyone that performs or induces an abortion in violation of the statute, as well as anyone who "aids or abets the performance or inducement of an abortion, including paying for or reimbursing the costs of an abortion through insurance or otherwise." The lawsuit may be filed by people either with or without any vested interest. The law contains an exception for abortions performed to save the mother's life.[153] The law was challenged in courts, though had yet to have a full formal hearing as its September 1, 2021, enactment date came due. Plaintiffs sought an order from the U.S. Supreme Court to stop the law from coming into effect, but the Court issued a denial of the order late on September 1, 2021, allowing the law to remain in effect. While unsigned, Chief Justice John Roberts and Justice Stephen Breyer wrote dissenting opinions joined by Justices Elena Kagan and Sonia Sotomayor that they would have granted an injunction on the law until a proper judicial review.[154][155]
On September 9, 2021, Attorney General Merrick Garland, the United States Department of Justice sued the State of Texas over the Texas Act on the basis that "the law is invalid under the Supremacy Clause and the Fourteenth Amendment, is preempted by federal law, and violates the doctrine of intergovernmental immunity".[156] Garland further noted that the United States government has “an obligation to ensure that no state can deprive individuals of their constitutional rights.”[157] The Complaint avers that Texas enacted the law "in open defiance of the Constitution".[158] The relief requested from the U.S. District Court in Austin, Texas includes a declaration that the Texas Act is unconstitutional, and an injunction against state actors as well as any and all private individuals who may bring a SB 8 action.[158][157] The suit was met with controversy, with critics citing concerns over the suit's politicized nature and the possible infringements on civilian rights.[159][160]
After the Supreme Court overturned Roe v. Wade on June 24, 2022, Texas banned abortions except when the pregnant person's life is at risk.[7][94] Completed or attempted providing of abortion "will be charged with a first- or second-degree felony, and will be subject to a civil penalty of at least $100,000" for each abortion.[93] A first degree felony in Texas is punishable by 5 to 99 years in prison, while a second degree felony is punishable by 2 to 20 years in prison, with "fines of up to $10,000" being possible.[161][162]
On March 7, 2023, five women who suffered serious pregnancy complications and were denied abortions sued the state of Texas over their near-total abortion ban, stating that the ban directly put their lives and health in danger.[163] The purpose of the lawsuit is to force the state to issue regulations clarifying the medical exception clause rather than to overturn Texas's abortion ban entirely.[164]
In 2023, a number of local governments in Texas near the border of New Mexico passed ordinances that make it illegal to transport or to help transport someone through those jurisdictions for the purposes of seeking an abortion. The laws' enforcement mechanism is based on civil lawsuits, like the Texas Heartbeat Act, making them difficult to challenge in court.[165]
United States Virgin Islands edit
Abortion is legal in the U.S. Virgin Islands up to 24 weeks.
Residents of the British Virgin Islands often travel to the U.S. Virgin Islands for abortions.
Utah edit
Abortion is legal in Utah up to 18 weeks, pending the resolution in state courts of litigation over a near-total ban passed by the state legislature. Parental consent is required for minors under the age of 18.[166]
The proposed abortion ban includes exceptions if the pregnant person's life is at risk, as well as in cases of lethal fetal abnormalities, severe brain abnormalities, rape, or incest.[7] It is a second-degree felony to perform illegal abortions under the law,[93] punishable by 1 to 15 years in prison, and a maximum possible fine of $10,000.[167]
Vermont edit
Abortion is legal in Vermont at all stages of pregnancy. Vermont does not require a minor to notify a parent or guardian in order to obtain an abortion.[168]
In November 2022, Vermont voters voted to add an abortion rights amendment to the state constitution.[169]
Virginia edit
Abortion is legal in Virginia up to 25 weeks. Some limitations include insurance coverage depending in cases of sexual assault or serious health conditions. Parental consent is also required for minors under the age of 18 in Virginia.[170]
In 2020, Virginia governor, Ralph Northam signed laws that removed many of the restrictions on abortion that had been in place for decades. Virginia became the first state to codify new protections for abortion in 2020.[171]
Washington edit
Abortion is legal in Washington up to the point of fetal viability. Washington does not require a minor to notify a parent or guardian in order to obtain an abortion.[172]
West Virginia edit
Abortion is illegal in West Virginia except if necessary to preserve the life or health of a pregnant individual, if the fetus has a fatal anomaly, or if (up to 11 weeks) the pregnancy is the result of rape.[173] The near-total ban on abortions is currently being challenged in court.[174]
Wisconsin edit
The legal status of abortion in Wisconsin is currently unresolved statewide. A initial July 2023 ruling by a Dane County trial judge found that an 1849 law previously considered a trigger ban does not apply to consensual abortions performed by medical staff.[175][176][177] Abortion providers in Milwaukee and Dane Counties offer abortions[178] up to 20 weeks.[179][180] Parental consent is required for minors under the age of 18.[181]
Providers in Wisconsin stopped offering abortion services in the aftermath of Dobbs due to the 1849 law. However, Wisconsin Attorney General Josh Kaul, a supporter of abortion rights, sued in state court to attempt to overturn the law; the Dane County ruling was the first in that case. Abortions are offered by Planned Parenthood of Wisconsin in Milwaukee and Dane Counties, whose district attorneys have stated that they will not file charges based on the 1849 ban; the organization has not resumed abortions at its clinic in Sheboygan County, whose district attorney has stated that he believes the law still applies. The case is expected to be ultimately decided by the Wisconsin Supreme Court; Janet Protasiewicz, an abortion rights supporter and the newest justice on the court, was elected in 2023 in a contest in which abortion was a major subject of debate.[182][176]
In 2013, Act 37 was passed into law, necessitating admitting privileges for all abortion providers within the state. Admitting privileges allow physicians the right to directly admit a patient to a nearby hospital. The state maintained this was necessary for women's health and safety, however, public health officials and the medical community – including the American College of Gynecologists and Obstetricians, Wisconsin Medical Society, and American Public Health Association – oppose these requirements as unnecessary and are not grounded in evidence-based practice.[183] Not only are these privileges difficult for abortion physicians to obtain given the controversial nature of abortion, the Wisconsin law required admitting privileges to be obtained within one day of the law's passage. After Governor Walker signed the bill into law, a federal district court judge in the Western District of Wisconsin immediately granted a preliminary injunction, preventing its implementation. A trial was held, and the court imposed a permanent injunction against the law, with the Judge noting that clinic closure was clearly the purpose of the law as there was only one day granted for physicians to obtain compliance. Further, the ruling found that abortion complications "are rare and are rarely dangerous", thus it seems to undermine the argument that this law is needed for women's health and safety.[184]
The case was appealed by the state's attorney, yet the US Seventh Circuit Court of Appeals upheld the earlier ruling, and the permanent injunction. The appeals court declared, as did the trial court judge, that the state had failed to demonstrate any obvious need for this legislation.[185] The state further appealed to the Supreme Court, however, this appeal was rejected, maintaining the permanent injunction of the law. The rejection by the Supreme Court to hear the case came rather quickly after the ruling in the state of Texas' case also involving admitting privileges. The Supreme Court's ruling in Whole Women's Health v. Hellerstedt found that the admitting privileges requirement created an undue burden for women, and thus interfered with the rights established in Roe v. Wade.
Wyoming edit
Abortion is legal in Wyoming up to the point of fetal viability, pending the outcome of litigation in state court over a near-total ban passed by the legislature. Parental consent is required for minors under the age of 18.[186]
Current state legislation makes abortion illegal except in cases of rape, incest or harm to the health of the pregnant individual, but enforcement has been blocked by the courts pending a final decision on the law's constitutionality.[187] Opponents of the ban cite a provision of the state constitution, approved by a referendum in 2012 as part of the backlash against the Affordable Care Act, that guarantees Wyoming citizens the rights to make their own health care decisions.[188]
State table edit
Limits on abortion edit
This section's factual accuracy may be compromised due to out-of-date information. The reason given is: Percent of counties without provider is from 2017 and is no longer accurate for most states. (September 2022) |
Abortion is not legal on demand at any gestational age in states displayed with a pink background. Additional limitations are given regardless, as the legality of abortion may change.
| State | On-demand gestational limit | Waiting period | Mandatory ultrasound[189] | Counseling | % of counties without provider (2017)[190] | Parental notification for minors | Parental consent for minors[191] |
|---|---|---|---|---|---|---|---|
| Alabama | Fertilization | Yes | Yes | Yes | 59% | No | One |
| Alaska | At any stage | None | No | Yes | 37% | No | No |
| Arizona | 15 weeks | Yes | 24 hours | Yes | 19% | No | One |
| Arkansas | Fertilization | Yes | No | Yes | 77% | No | One |
| California | Viability | None | No | None | 5% | No | No |
| Colorado | At any stage | None | No | None | 27% | Yes[192] | No |
| Connecticut | Viability | None | No | None | 5% | No | No |
| Delaware | Viability | None | No | Yes | 33% | Yes | No |
| Florida | 15 weeks | None | Yes | None | 20% | Yes | Yes |
| Georgia | 6 weeks | Yes | No | Yes | 58% | Yes | No |
| Hawaii | Viability | None | No | None | 5% | No | No |
| Idaho | Fertilization | Yes | No | Yes | 68% | No | One[193] |
| Illinois | Viability | None | No | None | 40% | No[194] | No |
| Indiana | Fertilization | Yes | No | Yes | 66% | No | One |
| Iowa | 20 weeks | None | No | None | 42% | Yes | No |
| Kansas | 22 weeks | Yes | Yes | Yes | 56% | No | One |
| Kentucky | Fertilization | Yes | Yes | Yes | 74% | No | One |
| Louisiana | Fertilization | Yes | 24 hours | Yes | 63% | No | One |
| Maine | At any stage | None | No | None | 55% | No | No |
| Maryland | Viability | None | No | None | 24% | Yes | No |
| Massachusetts | 27 weeks | None | No | Yes | 14% | No | One |
| Michigan | Viability | Yes | No | Yes | 40% | No | One |
| Minnesota | Viability | No | No | No | 59% | No | No |
| Mississippi | Fertilization | Yes | Yes | Yes | 91% | No | Both |
| Missouri | Fertilization | Yes | No | Yes | 94% | No | Both |
| Montana | Viability | None | No | None | 55% | No | Yes |
| Nebraska | 12 weeks | Yes | No | Yes | 41% | No | One |
| Nevada | 24 weeks | None | No | None | 9% | No | No |
| New Hampshire | 24 weeks | None | No | None | 30% | Yes | No |
| New Jersey | At any stage | None | No | None | 23% | No | No |
| New Mexico | At any stage | None | No | None | 48% | No | No |
| New York | 24 weeks | None | No | None | 10% | No | No |
| North Carolina | 12 weeks | None | No | None | 53% | No | One |
| North Dakota | Fertilization | Yes | No | Yes | 73% | Yes | Both |
| Ohio | Viability | Yes | No | Yes | 56% | No | One |
| Oklahoma | Fertilization | Yes | No | Yes | 54% | Yes | One |
| Oregon | At any stage | None | No | None | 30% | No | No |
| Pennsylvania | 24 weeks | Yes | No | Yes | 48% | No | One |
| Rhode Island | Viability | None | No | Yes | 36% | No | One |
| South Carolina | 6 weeks | Yes | No | Yes | 71% | No | One |
| South Dakota | Fertilization | None | No | None | 77% | Yes | No |
| Tennessee | Fertilization | None | No | None | 63% | No | One |
| Texas | Fertilization | Yes | 24 hours | Yes | 43% | Yes | One |
| Utah | 18 weeks | Yes | No | Yes | 62% | Yes | One |
| Vermont | At any stage | None | No | None | 38% | No | No |
| Virginia | 25 weeks | Yes | 24 hours | Yes | 78% | Yes | One |
| Washington | Viability | None | No | None | 15% | No | No |
| West Virginia | Fertilization | Yes | No | Yes | 90% | Yes | No |
| Wisconsin | 22 weeks | Yes | 24 hours | Yes | 67% | No | One |
| Wyoming | Viability | None | No | None | 96% | Yes | One |
Protections of abortion edit
See also edit
Notes edit
- ^ a b All states make exceptions if the mother’s life is in immediate danger.
• Exceptions for risk to mother's physical health: Alabama, Arizona, Florida, Georgia, Indiana, Iowa, Kansas, Kentucky, Louisiana, Missouri, Montana, Nebraska, New Hampshire, North Carolina, North Dakota, Ohio, Pennsylvania, South Carolina, Tennessee, Utah, West Virginia, Wisconsin, and Wyoming.
• Exceptions for risk to mother's general health: California, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New York, Rhode Island, Virginia, Washington.
• Exception for pregnancy due to rape or incest: Georgia, Idaho, Indiana, Iowa, Mississippi, North Dakota, South Carolina, West Virginia, Utah, and Wyoming.
• Exception for lethal fetal abnormality: Alabama, Delaware, Florida, Georgia, Indiana, Iowa, Louisiana, Maryland, Massachusetts, South Carolina, West Virginia, Wyoming, and Utah.
Note that these exceptions may have a time frame in which pregnant woman can use the exceptions to get an abortion; current time limits for these exceptions range from cardiac-cell activity (or 6 weeks) to the entire pregnancy before birth (no limit). - ^ This generally happens in the 6th week LMP.
- ^ Typically, it is between the 23rd or 24th week LMP.
- ^ Variously defined as through 27th or 28th week LMP; in Massachusetts, 24 weeks from implantation ≈ 27 weeks LMP.
- ^ a b c d This state's constitution has been amended via referendum to reject any right to an abortion.
- ^ a b c This state's constitution has been amended via referendum to protect the right to an abortion.
- ^ This state's constitution has been amended via referendum to protect the right to an abortion. It will take effect on December 7, 2023.
References edit
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- ^ Report, Committee on the Judiciary, U.S. Senate, on Senate Joint Resolution 3, 98th Congress", 98–149, June 7, 1983, p. 6.
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The law, House Bill 481, is one of the nation's most restrictive measures, outlawing the procedure as early as six weeks into pregnancy, when a fetal heartbeat is detected. That can come before many women know they're pregnant.
- ^ "Challenge to state's abortion ban to be argued before Georgia Supreme Court today". WABE. March 28, 2023.
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- ^ Morris, William; Akin, Katie; Gruber-Miller, Stephen (June 16, 2023). "Iowa Supreme Court deadlocks: 6-week abortion ban won't go into effect". The Des Moines Register. Retrieved November 8, 2023.
- ^ Gruber-Miller, Stephen (July 17, 2023). "Iowa abortion law temporarily blocked by Polk County judge". The Des Moines Register. Retrieved November 8, 2023.
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External links edit
- Legal
- Full Text of Roe v. Wade Decision
- Interactive maps comparing US abortion restrictions by state
- State Policies on Later-Term Abortions Guttmacher Institute