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Abortion Access in the U.S.: What to Know on a State-By-State Level – Healthline

October 7th, 2022 1:45 am

On June 24, 2022, the Supreme Court of the United States overturned Roe v. Wade, the landmark 1973 decision that established a constitutional right to abortion across the country.

As a result of the ruling, individual states have the ability to set their own abortion laws.

Now some states have passed laws to restrict abortion to certain points in pregnancy or virtually ban it nearly altogether.

Some of those restrictions have been temporarily blocked due to court challenges.

Voters in some states will also have the opportunity to vote on abortion-related ballot measures in the upcoming midterm elections.

This round-up provides an overview of the current legal status of abortion in all 50 states and Washington, D.C. The information in this article was accurate and up to date at the time of publication, but its possible that some information has since changed.

To learn about your legal rights, consider contacting the Repro Legal Helpline through a secure online form or by calling 844-868-2812.

Here are some common terms that you might come across while learning about abortion laws:

In Connecticut, abortion is legal and unrestricted until a pregnancy reaches viability. After viability, abortion is only legal if your physical or mental health or life is in danger.

Additional restrictions:

In Delaware, abortion is legal until a pregnancy reaches viability. After that, abortion is only legal if:

Additional restrictions:

In Maine, abortion is legal and unrestricted until a pregnancy reaches viability. After that, abortion is only legal if your physical or mental health or life is in danger.

Additional restrictions:

In Massachusetts, abortion is legal before 24 weeks of pregnancy. From week 24 onwards, its only legal if:

Additional restrictions:

In Maryland, abortion is legal until a pregnancy reaches viability. After viability, abortion is only legal if:

Additional restrictions:

In New Hampshire, abortion is legal before 24 weeks of pregnancy. From 24 weeks onwards, its only legal if:

Additional restrictions:

Abortion is legal and unrestricted in New Jersey.

Additional restrictions:

In New York, abortion is legal and unrestricted until a pregnancy reaches viability. After that, abortion is only legal if your physical or mental health or your life is in danger or if the fetus will not survive.

Additional restrictions:

In Pennsylvania, abortion is legal before 24 weeks of pregnancy. From week 24 onwards, its only legal if your physical health is at serious risk or your life is in danger.

Additional restrictions:

In Rhode Island, abortion is legal until a pregnancy reaches viability. After viability, abortion is only legal if its necessary to save your life.

Additional restrictions:

Abortion is currently legal and unrestricted in Vermont. You can legally get an abortion at any stage of pregnancy.

Voters in Vermonts midterm elections will have the opportunity to vote on a constitutional amendment to protect the right to abortion in the state.

Additional restrictions:

Abortion is currently legal and unrestricted in Washington, DC. You can legally get an abortion at any stage of pregnancy.

Additional restrictions:

In Alabama, abortion is banned with very limited exceptions. Its only legal if its necessary to prevent serious risks to your physical health or save your life. Theres no exception for rape or incest.

In Arkansas, abortion is banned with very limited exceptions. Its only legal if its necessary to save your life. Theres no exception for rape or incest.

In Florida, abortion is legal until 15 weeks of pregnancy. After that, its only legal if:

Theres no exception for rape or incest.

Abortion providers are suing to block the ban on abortion after 15 weeks.

Additional restrictions:

In Georgia, abortion is legal until a so-called fetal heartbeat is detected, around 6 weeks of pregnancy.

At six weeks of pregnancy, embryos dont have hearts just cells that emit an electrical charge, which can be detected on an ultrasound.

After that, abortion is only legal if:

Additional restrictions:

In Louisiana, abortion is banned with very limited exceptions. Its only legal if:

Theres no exception for rape or incest.

In Mississippi, abortion is banned with very limited exceptions. Its only legal if:

In August 2022, a US district court judge in North Carolina allowed a 2019 abortion law to go into effect. Under this law, abortion is legal up to 20 weeks of pregnancy. After that, its only legal if your health or life is in danger.

Additional restrictions:

In June 2022, South Carolina passed a law to ban abortion after a so-called fetal heartbeat is detected, which typically happens around 6 weeks of pregnancy.

At six weeks of pregnancy, embryos dont have hearts just cells that emit an electrical charge, which can be detected on an ultrasound.

However, the South Carolina Supreme Court has temporarily blocked that law.

While that law is blocked, abortion is legal before 22 weeks of pregnancy. From 22 weeks onwards, its only legal if:

Additional restrictions:

In Tennessee, abortion is banned with very limited exceptions. Its only legal if:

Theres no exception for rape or incest.

In Kentucky, abortion is currently banned with very limited exceptions. Abortion is only legal if its necessary to prevent serious risks to your physical health or save your life. Theres no exception for rape or incest.

In Novembers midterm elections, Kentucky voters will be asked to vote on a ballot measure to establish that the state constitution does not recognize or protect a right to abortion.

In Virginia, abortion is legal before 27 weeks of pregnancy. From week 27 onwards, its only legal if your physical or mental health or your life is in danger.

Additional restrictions:

As of September 16, 2022, abortion is banned with very limited exceptions in West Virginia.

Its only legal if:

In Illinois, abortion is legal until a pregnancy reaches viability. After viability, abortion is only legal if your health or life is in danger.

In August 2022, Indiana legislators passed a law to ban nearly all abortions. It was scheduled to come into effect in September. However, its currently being challenged in court and has been temporarily blocked.

While that law is blocked, abortion is legal before 22 weeks of pregnancy. From week 22 onwards, its only legal if your physical health or life is in danger.

Additional restrictions:

Currently, abortion is legal before 22 weeks of pregnancy in Iowa. From 22 weeks onwards, its only legal if your physical health or life is in danger.

In 2018, Gov. Kim Reynolds (R) signed a more restrictive law that would only allow abortion until a so-called fetal heartbeat is detected, around 6 weeks of pregnancy. A Polk County district court blocked that law from coming into effect. Now, Gov. Reynolds is asking the court to reinstate the law.

At six weeks of pregnancy, embryos dont have hearts just cells that emit an electrical charge, which can be detected on an ultrasound.

Additional restrictions:

In August 2022, Kansas voters rejected a ballot measure that would have removed abortion protections from the state constitution.

In Kansas, abortion is legal before 22 weeks of pregnancy. From 22 weeks onwards, its only legal if your physical health or life is in danger.

Additional restrictions:

Abortion is currently legal in Michigan until a pregnancy reaches viability. After viability, its only legal if its necessary to save your life.

Voters in Michigans midterm elections will have the chance to vote on an amendment to protect the right to abortion in the states constitution.

Additional restrictions:

In Minnesota, abortion is legal until a pregnancy reaches viability. After viability, its only legal if your physical or mental health or your life is in danger.

Additional restrictions:

In Missouri, abortion is banned with very limited exceptions. Its only legal if your physical health is at serious risk or if its necessary to save your life. Theres no exception for rape or incest.

In Nebraska, abortion is legal before 22 weeks of pregnancy. From 22 weeks onwards, its only legal if your physical health or life is in danger.

Additional restrictions:

Before Roe v. Wade was overturned, North Dakota passed a trigger law that would ban nearly all abortions. However, after an abortion provider filed suit to challenge the ban, a judge temporarily blocked it before it could come into effect.

While that law is blocked, abortion is legal before 22 weeks of pregnancy. From week 22 onwards, its only legal if your physical health or life is in danger.

Additional restrictions:

In June 2022, Ohio passed a law to ban abortion after a so-called fetal heartbeat is detected, which typically happens around 6 weeks of pregnancy. However, that fetal heartbeat law has been temporarily blocked and is currently being challenged in court.

At six weeks of pregnancy, embryos dont have hearts just cells that emit an electrical charge, which can be detected on an ultrasound.

While that law is blocked, abortion is legal before 22 weeks of pregnancy. From 22 weeks onwards, its only legal if your physical health or life is in danger.

Additional restrictions:

In South Dakota, abortion is banned with very limited exceptions. Its only legal if your physical health is at serious risk or its necessary to save your life. Theres no exception for rape or incest.

When Roe. v. Wade was overturned, a long-dormant 1849 Wisconsin law came into effect. Under this law, abortion is only legal if your health or life is in danger. Theres no exception for rape or incest.

Attorney General Josh Kaul (D) is currently suing public officials to block the enforcement of this law. If hes successful, abortion will be legal before 22 weeks of pregnancy. From 22 weeks onwards, it will only be legal if its necessary to prevent serious risk to your physical health or save your life.

On September 23, 2022, a state judge reinstated a law from 1864 that bans abortion with very limited exceptions. As a result, abortion is only legal in this state if its necessary to save your life. Theres no exception for rape or incest.

Before this ruling, state legislators had passed a law that would allow abortion up to 15 weeks of pregnancy.

Abortion is legal and unrestricted in New Mexico. You can legally get an abortion at any stage of pregnancy.

Additional restrictions:

In Oklahoma, abortion is banned with very limited exceptions. Its only legal if its necessary to save your life. Theres no exception for rape or incest.

In Texas, abortion is banned with very limited exceptions. Its only legal if its necessary to prevent serious risk to your physical health or save your life. Theres no exception for rape or incest.

In Alaska, abortion is legal at any stage in pregnancy.

Additional restrictions:

In Novembers midterm elections, Californians will be invited to vote on an amendment to enshrine the right to abortion in the states constitution.

Abortion is currently legal and unrestricted until a pregnancy reaches viability. After viability, abortion is only legal if your health or life is in danger.

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Abortion Access in the U.S.: What to Know on a State-By-State Level - Healthline

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