Current abortion bans in the US

Eleni Becker

Drawing of fetus in womb

All of this information was written on May 3, 2023. Some laws may or may not have changed.

An abortion is when a pregnancy is terminated and there is no birth of a child. Often people will get a abortion because of an unwanted or unplanned pregnancy. Abortion removes the pregnancy tissue and the fetus from the pregnant person’s body. There are two main types of abortions.

One type is a medication abortion, more commonly known as an abortion pill. The abortion pill is safe. You can get this abortion if your state allows it. You can typically get the abortion pill up to 70 days or 10 weeks after your last period. A trained nurse or midwife will assess you to decide if you are suited to take the abortion pill. The abortion pill is very effective. If taken 8 weeks or earlier into pregnancy, it works 98 out of 100 times, 8-9 weeks into pregnancy it works 96 out of 100 times, and 9-10 weeks into pregnancy it works 93 out of 100 times. Many people choose to take the abortion pill because the process happens at home, and many say it feels more natural or less invasive. A medication abortion may take 24 hours or more to be complete.

The second option is a surgical abortion or an in-clinic abortion. You can get this abortion as long as your state allows it. The in-clinic abortions are extremely effective and work 99 out of 100 times. Typically, for a surgical abortion, you have to wait until you are 5 to 6 weeks pregnant. Many people choose an in-clinic abortion because they are surrounded by doctors and trained professionals the entire time, versus having the abortion at home without any medical professionals. Surgical abortion only takes 5 to 10 minutes. Before 16 weeks, a suction abortion also known as vacuum aspiration is typically used. That is when suction is used to empty your uterus. After 16 weeks, a Dilation and Evacuation is used, also known as a D&E. A D&E is when they use suction along with medical tools to get the fetus out of your uterus.

In 1973, during Roe v. Wade, the US Supreme Court ruled that it is up to the pregnant person whether they want to end their pregnancy or not. They also said that abortion is the pregnant person’s decision, and should not be the government’s decision. In June of 2022, the US Supreme Court took away the constitutional right to have an abortion. Now, a total of 19 states have banned or restricted abortion, with more expected to follow the coming years.

Planned Parenthood sign on Garden Street. (Eleni Becker)

Alabama: Abortion is completely banned in Alabama, although it is legal to travel out of state to get an abortion. It is legal to get an abortion to save the pregnant person’s life or being pregnant is a serious risk to that person’s physical health. The abortion ban in Alabama went into effect June 24, 2022.
Alaska: Abortion is legal in Alaska and there is no limit on how far along you are in your pregnancy to get an abortion. Also, there is no need for parental involvement to get an abortion. If you are younger than 18 you can consent to an abortion.
Arizona: Abortion is currently legal in Arizona before 15 weeks and 6 days of being pregnant, although many clinics stop offering an abortion earlier. It is legal to travel out of state to get an abortion. There was an Arizona law that fully banned abortion on September 23, 2022, but the law was challenged so it is not currently in effect. If you are under 18 and want an abortion, you need permission from a parent or judicial bypass. There are also exceptions to getting an abortion past 15 weeks and 6 days, only when it is to save the pregnant person’s life or to prevent serious risk to the pregnant person’s physical health.
Arkansas: Abortion is completely banned in Arkansas by a law that went into effect on June 24, 2022. It is legal to travel out of state to get an abortion. There is only one exception to that rule: If it is necessary to get an abortion to save a pregnant person’s life.
California: It is legal to get an abortion in California, however, it is restricted. You can only get an abortion until viability. There are some exceptions to that rule; to save the pregnant person’s life or to maintain the pregnant person’s health, which can include mental health. It is legal to travel out of state to get an abortion. It is not required to have parent consent or to notify the parent if you are under 18.
Colorado: Abortion is legal in Colorado and there is no limit on how far along in a pregnancy you are to get one. You do have to notify a parent or legal guardian about an abortion if you are under 18. If a parent or guardian is not an option, you can seek judicial bypass for no parental involvement. It is also legal to leave Colorado to get an abortion.
Connecticut: It is legal to get an abortion in Connecticut, but there are some restrictions. It is not legal anymore to get an abortion after viability. After viability, an abortion is only an option to save the pregnant person’s life or to preserve the pregnant person’s general health, which includes mental health. It is legal to leave Connecticut to get an abortion out of state. Parental involvement is not required to get an abortion.
Delaware: Abortion is legal in Delaware until viability. After viability, there are a few exceptions to getting an abortion: To save a pregnant person’s life, to preserve the pregnant person’s general health, or if the fetus is not expected to survive the pregnancy. If you are under 16 and want an abortion, you need to notify a parent or guardian or have a judicial bypass. In Delaware, it is legal to leave the state to get an abortion.
Florida: It is legal to get an abortion in Florida, but only in the first four months of pregnancy or until 15 weeks and six days. There may be more restrictions coming because of a new Florida law that might go into effect that bans abortions after 6 weeks of pregnancy. Abortion providers may also stop providing abortions before the accepted time period. People under 18 need parental permission or judicial bypass to get an abortion. It is legal to leave Florida to get an abortion. After four months of pregnancy, you can get an abortion only if it is to save the pregnant person’s life, to prevent a very serious risk to the pregnant person’s health or if the fetus is not expected to survive the pregnancy. Some other laws in Florida may also make it harder to get access to proper abortion care.
Georgia: Abortion is legal in Georgia with many restrictions. Abortions are banned once there is a detectable human heartbeat, usually around six weeks. The embryo having a heartbeat varies from person to person, with some having a heartbeat starting at five weeks of pregnancy, but some not having one until eight weeks of pregnancy. To get an abortion under 18, a parent needs to be notified. After having a detectable human heartbeat you can get an abortion to save the pregnant person’s life, to preserve the pregnant person’s physical health, if the fetus is not expected to survive the pregnancy, or if the pregnancy is a result of rape or incest. It is legal to leave Georgia to get an abortion.
Hawaii: In Hawaii abortion is legal until viability. It is legal to leave Hawaii to get an abortion. Having parental involvement if you are under 18 is not required. After viability, you can get an abortion to preserve the pregnant person’s life or to maintain the pregnant person’s general health, which can include mental health.
Idaho: Abortion is completely banned in Idaho because of a law that went into effect August 25, 2022. The two exceptions to this law is if it is to save the pregnant person’s life or if the pregnancy is the result of rape or incest. You are allowed to leave Idaho and go to a different state to get an abortion.
Illinois: Abortion is legal in Illinois until viability. Even so many abortion providers will stop providing an abortion before then. After viability you are able to get an abortion to save the pregnant person’s life or to preserve the pregnant person’s general health. Preserving general health can include mental health. For pregnant people under 18, they do not need to notify or get permission from parents to get an abortion.
Indiana: Until 21 weeks and six days of being pregnant, abortion is legal. After this time, you will need to travel out of Indiana to get an abortion, which is legal. There are a few exceptions that can be made. An abortion can be obtained after the accepted time period to save the pregnant person’s life or to preserve the pregnant person’s physical health. To get an abortion, people under the age of 18 must get permission from a parent or guardian. They can also get judicial bypass if necessary.
Iowa: Abortion is legal in Iowa within 21 weeks and six days of pregnancy. After this time period, a person may get an abortion if it is to save their life or to preserve their physical health. It is legal for a pregnant person to leave Iowa to get an abortion. To get an abortion under 18, parents must be notified or they must have judicial bypass. Other laws in Iowa may make it harder to get an abortion. Some clinics may stop offering abortions before 21 weeks and six days.
Kansas: In Kansas, abortion is legal until 21 weeks and six days of pregnancy. After that it is banned with some exceptions. Those exceptions are to save the pregnant person’s life or to preserve the pregnant person’s physical health. Both parents must give permission if you are under 18 to get an abortion. Judicial bypass is also an option if it is in your best interest or you can prove you are responsible. Leaving Kansas to get an out of state abortion is legal.
Kentucky: Kentucky has a total ban on abortions. This law went into effect on July 15, 2022. The only exception to the ban is if the abortion is to save the pregnant person’s life or to prevent serious risk of the pregnant person’s health. It is legal to leave Kentucky to get an abortion in another state.
Louisiana: There is a total ban for abortions in Louisiana with very few exceptions. This law took effect June 24, 2022. The only way you can get an abortion in Louisiana is if it is to save the pregnant person’s life, to prevent serious risk to the pregnant person’s physical health, or if the fetus is not expected to survive the pregnancy. One can also leave Louisiana to get an out of state abortion.
Maine: In Maine, it is legal to get an abortion until viability. After viability, you cannot get an abortion in Maine unless it is to save the pregnant person’s life or to preserve the pregnant person’s general health. General health can include mental health. Another option to get an abortion after viability would be to get an out of state abortion. Before viability, someone under 18 does not need to have permission from or notify their parents and consent to the abortion themselves.
Maryland: Abortion in Maryland is legal until viability. If you are under 18 and want to get an abortion, a parent or guardian must be notified beforehand. If notifying a parent is not an option, abortion providers who are licensed medical doctors can ignore this requirement if they think that one is fit and able to have the abortion by themselves. After viability, you can get an abortion only if it is to save the pregnant person’s life, to preserve the pregnant person’s general health, or the fetus has, is, or will suffer from very serious health issues while in the womb. Abortion out of the state of Maryland is another option.
Massachusetts: In Massachusetts, abortion is legal until 23 weeks and six days of pregnancy. After that, one must leave the state to get an abortion. If you are under the age of 16, you must get permission from your parents or guardians. If this is not in your best interest, you can seek judicial bypass to waive the involvement of parents. Past the accepted time period, there are only two exceptions to the abortion ban; to save the pregnant person’s life or to preserve their general health. Preserving their general health does include mental health.
Michigan: Abortion is legal in Michigan before viability. If the pregnant person is under the age of 18, they need to get permission from a parent to get an abortion. There is only one exception to getting an abortion after viability; to save the pregnant person’s life. It is legal to leave Michigan to get an abortion.
Minnesota: Abortion is legal in Minnesota, but only until viability. The only exception to getting an abortion after viability would be to save the pregnant person’s life or to preserve their general health. Another legal way to get an abortion after viability would be to leave the state of Minnesota. There is no parental involvement required for minors, so they can consent to the abortion by themselves.
Mississippi: Abortion is completely banned in Mississippi. This law went into effect on July 7, 2022. It is legal to travel outside of Mississippi to get an abortion out of state. There are a few exceptions to the abortion ban in Mississippi. If the pregnant person will die from being pregnant, if it is to prevent serious risk to the pregnant person’s physical health, or if the fetus has, is, or will suffer from serious health problems while in the womb.
Missouri: In Missouri abortion is completely banned. This law went into effect on June 24, 2022. To get an abortion, you would need to travel out of the state. There are a few exceptions to this ban; if the pregnant person’s life would be saved by getting an abortion or to prevent serious risk of the pregnant person’s physical health. Other than those exceptions, there is no other legal way to get an abortion in Missouri.
Montana: In Montana, abortion is legal until viability. To get an abortion under 16 years old, you need to notify a parent or legal guardian of your abortion. This requirement can be waived if the pregnant person seeks judicial bypass in the case it would be detrimental to notify the parents. After viability is reached, there are a few exceptions to getting an abortion; if getting an abortion would save the pregnant person’s life or if getting an abortion prevents serious risk of the pregnant person’s physical health. It is legal to leave Montana to get an abortion.
Nebraska: Abortion is legal in Nebraska, but only until 21 weeks and six days of being pregnant. Although, many abortion providers stop providing abortions earlier and other Nebraska laws may make it difficult to get access to proper abortion care. It is legal to leave Nebraska to get an abortion. There are only two exceptions to getting an abortion past 21 weeks and six days of being pregnant. Those are if being pregnant is a threat to the pregnant person’s life or if getting an abortion will preserve the pregnant person’s physical health. To get an abortion in Nebraska as a minor, you need permission from a parent or legal guardian. If this permission is not in the minor’s best interest, they can seek judicial bypass to waive the requirement.
Nevada: Abortion is legal in Nevada, but there are some restrictions. You cannot get an abortion after 25 weeks and six days of being pregnant. Many abortion providers will stop providing services before then. If a minor in Nevada wanted to get an abortion, they would not need to get permission or notify a parent or legal guardian. There are a few exceptions to getting an abortion after the accepted time period of pregnancy; if getting an abortion would save the pregnant person’s life or preserve the pregnant person’s general health, including mental health. It is legal to leave Nevada and get an abortion out of state.
New Hampshire: Abortion is legal in New Hampshire up to 23 weeks and six days of being pregnant. If you are under the age of 18 and want an abortion, parental notification is required. This requirement can be waived if the pregnant minor seeks judicial bypass. Leaving New Hampshire to get an abortion is legal. To get an abortion past the accepted time period of pregnancy is only possible if it is to save the pregnant person’s life, to preserve the pregnant person’s physical health, or if the fetus is not expected to survive the pregnancy.
New Jersey: Abortion is legal in New Jersey up to any point in pregnancy. There is no law that limits when abortion becomes illegal. There is no parental involvement required in New Jersey for pregnant minors to get an abortion, they consent fully by themselves. It is legal to leave New Jersey to get an abortion.
New Mexico: Abortion is legal in New Mexico. There is also no limit on how far along you are in pregnancy to get an abortion. This is because there are no laws restricting or limiting abortions. There is also no law that says that you can or cannot leave New Mexico to get an abortion. Parental involvement is not required in New Mexico, so a pregnant minor can consent to their own abortion.
New York: In New York abortion is legal up until viability. If you want an abortion under the age of 18, parental permission notification is not required. It is legal to leave New York to get an abortion in another state. If the pregnancy is at or past viability there are only two exceptions to getting an abortion; if getting the abortion would save the pregnant person’s life or preserve the person’s general health.
North Carolina: Abortion is banned after 20 weeks and six days of being pregnant in North Carolina. Some abortion providers may stop providing abortions before this point. If you are under the age of 18, permission from a parent or guardian is required. If that is not an option, you can seek a judicial waiver, which in most states is known as judicial bypass. It is legal to leave North Carolina to get an abortion. If 20 weeks and six days have passed, the only way someone can get an abortion is if it would save the pregnant person’s life or preserve their general health, including mental health.
North Dakota: There is a total ban of abortions in North Dakota. That law went into effect on April 24, 2022. There are very limited exceptions to the abortion ban; if the abortion would save the pregnant person’s life, if the abortion would preserve the pregnant person’s physical health, or if the pregnancy was a result of rape or incest. If the pregnancy is the result of rape or incest, abortion is only available through six weeks and zero days of the pregnancy. It is legal to leave North Dakota to get an out of state abortion in another state.
Ohio: Abortion is legal in Ohio, but currently becomes illegal after 21 weeks and six days of being pregnant. There are only two exceptions to getting an abortion past this time period; if the abortion is needed to save the pregnant person’s life or prevents serious risk to the pregnant person’s physical health. There was a law in Ohio that banned abortion after around six weeks of pregnancy. That law is currently being challenged, so it is not in effect right now. Other laws may make it harder to get access to proper abortion care. It is legal to leave Ohio to get an abortion. To get an abortion as a minor, a parent or guardian must give permission to proceed. If that is not an option, one can seek judicial bypass to waive the requirement.
Oklahoma: Abortion is completely banned with some very limited exceptions. This law went into effect May 25, 2022. The only exception to the abortion ban is if getting the abortion would save the pregnant person’s life. It is legal to leave Oklahoma to get an abortion in another state.
Oregon: Abortion is legal in Oregon. There are no laws that say at what point in pregnancy you can or cannot get an abortion. You can leave Oregon to get an abortion. While there is no law that says that you need parent or guardian permission or notification, if you are a minor, there is a law that requires consent from a parent or guardian for any type of medical procedure if you are 15 or under. Since abortion is a medical procedure, you would need parent or guardian permission to get an abortion. There is no option for judicial bypass in Oregon.
Pennsylvania: Abortion is legal in Pennsylvania, but only until 23 weeks and six days of pregnancy. Although, many abortion providers may stop providing an abortion earlier. After this time period of pregnancy, there are only two exceptions to get an abortion; if getting the abortion would save the pregnant person’s life or prevent serious risk to the pregnant person’s physical health. If you are under the age of 18, you do need permission from parents or guardians to get an abortion. This requirement can be waived through judicial bypass. Other Pennsylvania laws may make it harder to get access to proper abortion care. It is legal to leave Pennsylvania to get an abortion.
Rhode Island: In Rhode Island, abortion is legal, but only up until viability. If you are under 18 and want an abortion, you do need permission from your parents or guardians. If it is in your best interest not to get permission from your parents or guardians, you can seek judicial bypass. If the judge sees that you are fit to consent to your own abortion, that requirement will be waived. It is legal to leave Rhode Island to get an abortion out of state. If pregnancy has reached the point of viability, the only way to get an abortion is if it saves the pregnant person’s life.
South Carolina: In South Carolina, abortion is legal until 21 weeks and six days of pregnancy. After this time period, there are only a few exceptions to get an abortion; if an abortion will save the pregnant person’s life, to prevent serious risk to the pregnant person’s physical health, if the fetus is not expected to survive the pregnancy, or if the the pregnancy is the result of rape or incest. If you are under the age of 17, you need parental permission to get an abortion. If seeking parental consent is not possible or not in your best interest, you can get judicial bypass to waive the requirement. Other laws in South Carolina may make it harder to access a safe abortion. It is legal to leave South Carolina to get an abortion in another state.
South Dakota: Abortion is completely banned in South Dakota. This law went into effect on June 24, 2022. There are only two exceptions to this law; if the abortion would save the pregnant person’s life or if the pregnant person’s physical health is preserved as a result of an abortion. It is legal to leave South Dakota to get an out of state abortion.
Tennessee: Abortion is banned in Tennessee. The law banning abortion in Tennessee went into effect on August 25, 2022. Although it is not legal to get an abortion in Tennessee, it is legal to leave Tennessee to get a abortion out of state. There are very few exceptions that would allow abortion in Tennessee. Those exceptions are if the abortion saves the pregnant person’s life, if the abortion helps preserve the pregnant person’s physical health or if the fetus is not expected to survive the pregnancy.
Texas: In Texas, abortion is completely banned. This law went into effect on July 1, 2022. There are very limited exceptions to this abortion ban. These include if the abortion will save the pregnant person’s life or if the abortion can prevent serious risk to the pregnant person’s physical health. It is legal to leave Texas to get an abortion out of state.
Utah: Abortions are legal in Utah, but only until 18 weeks and zero days of being pregnant. After this time period of pregnancy there are only a few ways to get an abortion. Those are to save the pregnant person’s life, to preserve the pregant persons physical health, if the fetus is not expected to survive the pregency or if the pregnancy is the result of rape or incest. Other laws in Utah may make it harder to access proper abortion care. If you are under the age of 18 and want an abortion, you need parental permission. Judicial bypass is also an option for that. It is legal to travel out of state to get an abortion.
Vermont: Abortion is legal until any point in the pregnancy. This is because there are no laws in Vermont restricting or banning abortion. There is no need for parent or guardian involvement. This also means that you don’t need judicial bypass. it is legal to leave and get an out-of-state abortion.
Virginia: Abortion is legal in Virginia, but only until 26 weeks and six days of pregnancy. After this time period of pregnancy there are only two exceptions to get an abortion; if the abortion would save the pregnant person’s life or preserve the pregnant person’s general health, which can include mental health. It is legal to leave Virginia to get an abortion out of state. If you are under the age of 18, you do need to get permission from a parent or guardian to get an abortion. This requirement can be waived through judicial bypass if the judge thinks that you can consent to your own abortion.
Washington: In Washington, abortion is legal until viability. Viability in pregnancy can be determined by your doctor. There is no need for a parent or guardian to be notified or supply permission if you are under 18. You can consent to your own abortion. After viability abortion is only an option to save the pregnant person’s life or to preserve the pregnant person’s general health which can include mental health. In Washington it is legal to leave to get an abortion out of state.
West Virginia: In West Virginia, abortion is banned. This law went into effect on September 16, 2022. The only exception to this ban is if the abortion is to save the pregnant person’s life, to preserve the pregnant person’s physical health, if the fetus is not expected to survive the pregnancy, or if the pregnancy is the result of rape or incest. It is legal to leave West Virginia to get an abortion out of state.
Wisconsin: In Wisconsin, abortion providers have temporarily stopped offering abortion services. This is because of an old law that fully bans abortion that officials may start enforcing. It is legal to leave Winsconsin to get a abortion. Currently, the only way to get an abortion in Wisconsin is if the abortion saves the pregnant person’s life.
Wyoming: Abortion in Wyoming is currently legal until the pregnancy reaches viability. There was a law in Wyoming that banned abortions, but is being challenged in courts not currently in effect. If you are under 18 and want to get an abortion, you need to get permission from parents or guardians. This requirement can be waived through judicial bypass. It is legal to leave Wyoming to get an abortion. After viability, you can only get an abortion if it will save the pregnant person’s life or preserve the pregnant person’s general health, including mental health.

Judicial bypass/judicial waiver: Judicial bypass is when a judge decides for a minor that one or both of their parents does not need to give permission for medical procedures, including abortions. Judicial bypass is fully confidential. Judicial bypass can be granted if the judge decides that a minor is well informed and/or mature enough to consent to their abortion without their parents knowing, or that it is in their best interest to not involve their parents.

Fetal viability: In pregnancy, fetal viability is when the fetus has reached the stage of development where it would be able to survive outside the womb successfully, with or without the use of medical assistance (machines, equipment or medicine). Fetuses typically reach viability during week 24 to 26 of the pregnancy. Birth weight, gestational age, and the availability of advanced medical care all factor into viability being determined.

JB Helpline: (844)-868-2812

JB request form: https://www.reprolegalhelpline.org/jb-contact-the-helpline/

National Abortion Federation (NAF) Hotline: 1-(800)-772-9100

Abortion Finder: https://www.abortionfinder.org

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