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Abortion

What abortion looks like in every state — right now

By Jasmine Mithani, Shefali Luthra, Abby Johnston

Published Updated
2022-05-25 12:00
12:00
May 25, 2022
pm
2024-10-07 12:45:34.000000
America/Chicago

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With Roe v. Wade overturned by the Supreme Court, each state has the right to control its level of access to abortion — or ban it completely. Legal chaos has erupted: Though many state legislatures are not in session, courts and state executives are sorting through trigger laws and abortion bans put in place before Roe. The number of states where abortion is legal changes by the day. 

  • See How This Map Has Changed:
    A map of the United States showing abortion access.
  • See How This Map Has Changed: 50 years since Roe. Seven months since Dobbs.

The 19th created this dashboard to centralize updates on the status of abortion rights in each state in this moment. The legal landscape is changing quickly and we are trying to keep up. Submit tips, updates or corrections via this form.

Scroll down to read quick-fire updates, a state-by-state breakdown of abortion rights and a glossary of common terms.

Latest news

  • Georgia’s six-week abortion ban is back in effect as of Oct. 7 at 5 p.m. Eastern Time. The ban was briefly lifted after a lower court found the restrictions unconstitutional. Now, the Georgia Supreme Court issued a judgment reinstating the six-week ban while the case works its way through the higher court.
  • North Dakota’s abortion ban has been repealed after a judge ruled it was vague and unconstitutional. There is still a ban on telehealth for abortion care, and there are no abortion clinics in the state. The state plans to appeal.
  • Abortion is on the ballot in 10 states this year. Read more from The 19th’s Grace Panetta, who is tracking all the ballot initiatives.

Last updated October 7, 12:45 p.m. CT

What abortion looks like by state

Abortion codified in state legislation Abortion codified in state legislation
Abortion protected by state court ruling Abortion protected by state court ruling
No state-specific legal basis for the right to abortion No state-specific legal basis for the right to abortion
Trigger law banning abortion Trigger law banning abortion
There are additional laws restricting abortion that are not in effect There are additional laws restricting abortion that are not in effect
Abortion banned in state Abortion is banned in this state

Find a glossary of key terms below.

Unless otherwise stated, abortion bans have exceptions in cases of rape, incest or when the pregnant person’s life is in danger. The evidence required to prove circumstances varies by state, and in many cases it is difficult to obtain an abortion under those exceptions.

  • Alabama Abortion banned in state

    Abortion is illegal. There are no exceptions for rape or incest. In 2018, voters amended the state constitution to say abortion rights are not protected in the state.

  • Alaska Abortion protected by state court ruling There are additional laws restricting abortion that are not in effect

    Abortion is legal at all stages of pregnancy. People seeking an abortion must undergo mandatory counseling. In 1997, the Alaska Supreme Court found that its constitution protected the right to an abortion. A ban on D&X procedures has been enjoined since 1998, and a law requiring parental notification of a minor’s abortion was found unconstitutional and is not enforceable.

  • Arizona No state-specific legal basis for the right to abortion There are additional laws restricting abortion that are not in effect

    Abortion is illegal after 15 weeks in Arizona. State courts ruled doctors cannot be prosecuted under the pre-Roe ban, but the law has not been repealed. People seeking an abortion in Arizona must wait 24 hours before getting the procedure, and must undergo mandatory counseling and an ultrasound. D&X procedures are banned, and abortions cannot be performed for reasons of race or sex. Legislation banning abortion after 20 weeks has been enjoined since 2013. A law banning abortions because of genetic anomalies has been temporarily enjoined.

  • Arkansas Abortion banned in state Trigger law banning abortion

    Abortion is illegal. There are no exceptions for rape or incest. In 1988, Arkansas passed a constitutional amendment saying state policy is to “protect the life of every unborn child … to the extent permitted by the Federal Constitution.”

  • California Abortion codified in state legislation Abortion protected by state court ruling There are additional laws restricting abortion that are not in effect

    Abortion is legal up to fetal viability. In 1969, California courts ruled protecting the right to abortion. Legislation passed in 1995, 2002, 2003 and 2013 has codified the right to reproductive choice and explicitly broadened the definition to include birth control. A law requiring a parent or guardian’s consent for minors seeking abortion care has been enjoined since 1997. In 2022, Gov. Gavin Newsom signed a package of 12 bills further shoring up abortion rights.

  • Colorado Abortion codified in state legislation

    Abortion is legal in all stages of pregnancy. In 2022, Colorado passed legislation protecting the right to abortion.

  • Connecticut Abortion codified in state legislation Abortion protected by state court ruling

    Abortion is legal up to fetal viability. In 1990, Connecticut passed legislation protecting the right to abortion. Additionally, in 2014, a court ruled that the decision to have an abortion can only be made by the person who is pregnant. The state passed legislation, effective July 1, intended to protect people who travel from out of state to seek care, as well as the clinicians who provide them abortions.

  • Delaware Abortion codified in state legislation

    Abortion is legal up to fetal viability. In 2017, the state legislature repealed its pre-Roe ban and passed a law specifically protecting the right to abortion.

  • District of Columbia Abortion codified in state legislation

    Abortion is legal up to fetal viability. In 2020, D.C. amended previous legislation to protect the right to abortion.

  • Florida There are additional laws restricting abortion that are not in effect

    Abortion is legal up to six weeks from the last menstrual period. From that point on, abortion is only legal if the pregnant person’s life is in danger. People seeking an abortion must wait 24 hours before getting the procedure, and must undergo mandatory counseling and an ultrasound. A 1989 ruling by the Florida Supreme Court found that the state constitution guaranteed the right to an abortion, but it was overturned in 2024. Bans on D&E and D&X procedures were permanently enjoined by a court ruling in 1998.

  • Georgia No state-specific legal basis for the right to abortion There are additional laws restricting abortion that are not in effect

    Abortion is legal up to six weeks after the last menstrual period. Georgia has a pre-Roe total abortion ban that has not been repealed, but was struck down in part by a different 1973 case separate from Roe v. Wade. Patients must wait 24 hours before getting the procedure, and must undergo mandatory counseling. The state has a method ban on D&X procedures.

  • Hawaii Abortion codified in state legislation

    Abortion is legal up until fetal viability in Hawaii. In 1970, Hawaii passed legislation protecting the right to abortion.

  • Idaho Abortion banned in state Trigger law banning abortion

    Abortion is illegal. There are exceptions for rape, incest or if the life of the pregnant person is at risk.

  • Illinois Abortion codified in state legislation Abortion protected by state court ruling

    Abortion is legal up until fetal viability. In 2019, Illinois passed legislation protecting the right to abortion. The state Supreme Court also found that its constitution guarantees the right to abortion. A state law bans abortions performed for reasons of sex selection after fetal viability. A pre-viability sex selection ban has been permanently enjoined since 1993.

  • Indiana Abortion banned in state

    Abortion is illegal. There are exceptions for fatal fetal anomalies (up to 22 weeks from the last menstrual period) and for rape or incest (up to 12 weeks from the last menstrual period).

  • Iowa There are additional laws restricting abortion that are not in effect

    Abortion is legal up to six weeks after the last menstrual period with limited exceptions in the case of rape, incest or to save the life of the pregnant person. To qualify for the exception, a rape must be reported to law enforcement, doctor or public health agency within 45 days, or within 140 in cases of incest. People seeking an abortion must wait 18 hours before getting the procedure, and must undergo mandatory counseling and an ultrasound.

    On June 17, the Iowa Supreme Court reversed its prior verdict asserting abortion is a protected right under the state constitution. A ban on D&X procedures has been enjoined since 1999. Legislation mandating a 24-hour waiting period has been enjoined since 2020. Legislation banning abortion providers from using telemedicine has been enjoined since 2015. It is likely that in the 2024 election Iowans will vote on an amendment to the state’s constitution removing the right to an abortion.

  • Kansas Abortion protected by state court ruling There are additional laws restricting abortion that are not in effect

    Abortion is legal up to 22 weeks after the last menstrual period. People seeking an abortion must wait 24 hours before getting the procedure and then undergo mandatory counseling. D&X procedures are banned, and abortions cannot be performed for reasons of sex selection.

    In 2019, Kansas courts ruled that the state constitution protects the right to abortion, and in 2022 voters rejected a ballot measure that would have removed that right. A ban on D&E procedures has been enjoined since 2021. Legislation banning abortion providers from using telemedicine has been enjoined since 2019.

  • Kentucky Abortion banned in state Trigger law banning abortion

    Abortion is illegal. There are no exceptions for rape or incest.

    In November 2022, voters will weigh in on a constitutional amendment stating that the state constitution does not guarantee a right to abortions.

    Read more: 

    • Kentucky is the first state to end virtually all in-state abortions
  • Louisiana Abortion banned in state Trigger law banning abortion

    Abortion is illegal. There are no exceptions for rape or incest, but there are exceptions to save the life of the pregnant person.

  • Maine Abortion codified in state legislation

    Abortion is legal up until fetal viability. In 1993, Maine passed legislation protecting the right to abortion.

  • Maryland Abortion codified in state legislation

    Abortion is legal up until fetal viability. In 1992, the state passed legislation protecting the right to abortion.

  • Massachusetts Abortion codified in state legislation Abortion protected by state court ruling

    Abortion is legal up to 24 weeks after the last menstrual period. In 1981, Massachusetts courts ruled in favor of the right to abortion and in 2020 the state passed legislation protecting the right to abortion.

  • Michigan Abortion codified in state legislation Abortion protected by state court ruling There are additional laws restricting abortion that are not in effect

    Abortion is legal up until fetal viability. Michigan overturned its pre-Roe total abortion ban and codified abortion rights per a 2022 ballot measure. A requirement that people seeking an abortion must wait 24 hours before getting the procedure is enjoined as of June 2024.  D&X procedures are prohibited.

  • Minnesota Abortion codified in state legislation Abortion protected by state court ruling

    Abortion is legal at any point in pregnancy. In 2023, Gov. Tim Walz signed legislation codifying abortion rights in the state constitution.

  • Mississippi Abortion banned in state Trigger law banning abortion

    Abortion is illegal. There are exceptions for rape or incest if the incidents have been reported to law enforcement.

  • Missouri Abortion banned in state Trigger law banning abortion

    Abortion is illegal. There are no exceptions for rape or incest.

  • Montanta Abortion protected by state court ruling There are additional laws restricting abortion that are not in effect

    Abortion is legal up until fetal viability. D&X procedures are prohibited. In 1999, the state Supreme Court found that the state constitution protects the right to abortion. In 2021, Montana passed legislation further restricting abortion access — including a 24-hour waiting period, offering patients the opportunity for an ultrasound, mandatory counseling and banning care via telemedicine; all are currently enjoined.

  • Nebraska No state-specific legal basis for the right to abortion There are additional laws restricting abortion that are not in effect

    Abortion is legal up to 12 weeks after the last menstrual period. People seeking an abortion must wait 24 hours before getting the procedure, and undergo mandatory counseling and an ultrasound one hour before the procedure. Nebraska does not allow medication abortions to be provided over telemedicine, and the state has a method ban on D&E procedures. A ban on D&X procedures has been enjoined since 2000.

  • Nevada Abortion codified in state legislation There are additional laws restricting abortion that are not in effect

    Abortion is legal up to 24 weeks after the last menstrual period. In 1990, Nevadans voted to codify the right to abortion in the state’s legal code. Legislation mandating parent or guardian notification of abortion by a minor has been enjoined since 1991.

  • New Hampshire No state-specific legal basis for the right to abortion

    Abortion is legal up to 24 weeks after the last menstrual period. People seeking an abortion must undergo an ultrasound, and D&X procedures are prohibited. In 2018, voters approved an amendment to the state constitution codifying the right to personal privacy, and the Center for Reproductive Rights notes the possibility that the amendment could be applied to abortion rights in the future.

  • New Jersey Abortion codified in state legislation Abortion protected by state court ruling

    Abortion is legal at all stages of pregnancy. In 2022, New Jersey passed legislation protecting the right to abortion. Additionally, the state Supreme Court has asserted the right to reproductive choice. A law banning D&X procedures is permanently enjoined, as is a law requiring parents be notified of a minor’s abortion.

  • New Mexico No state-specific legal basis for the right to abortion

    Abortion is legal at all stages of pregnancy. D&X procedures are prohibited.

  • New York Abortion codified in state legislation

    Abortion is legal up until fetal viability. In 2019, the state codified the right to an abortion. In May 2022, the state announced a $35 million fund to support abortion clinics.

  • North Carolina No state-specific legal basis for the right to abortion

    Abortion is legal up to 20 weeks after the last menstrual period. North Carolina has a pre-Roe ban on post-viability abortions that has not been repealed. People seeking an abortion must wait 72 hours before getting the procedure and undergo mandatory counseling. Abortions cannot be done for reasons of sex selection. Beginning July 1, abortion in North Carolina will be legal only up to 12 weeks from the last menstrual period. There are exceptions for rape and incest through 20 weeks and for fatal fetal abnormalities through 24 weeks.

  • North Dakota There are additional laws restricting abortion that are not in effect Trigger law banning abortion

    Abortion is legal until fetal viability. There are exceptions in cases of rape of incest up to six weeks from the last menstrual period, and more for life-threatening medical concerns. While the total ban trigger law is currently blocked, there are no abortion clinics operating in the state. People seeking an abortion must wait 24 hours before getting the procedure and undergo mandatory counseling. North Dakota has method bans on D&E procedures and D&X procedures, and providers cannot use telemedicine for medication abortions. Abortions cannot be done for reasons of sex selection or genetic anomalies.

  • Ohio No state-specific legal basis for the right to abortion There are additional laws restricting abortion that are not in effect

    Abortion is legal up to 22 weeks after the last menstrual period due to a preliminary injunction blocking the state’s six-week ban. The state is appealing that order. People seeking an abortion must wait 24 hours before getting the procedure and undergo mandatory counseling. Abortions based on Down syndrome are prohibited, as are D&X procedures. A ban on D&E procedures is enjoined.

  • Oklahoma Abortion banned in state Trigger law banning abortion

    Abortion is illegal. There are exceptions in cases of rape, incest or when the life of the pregnant person is in danger.

  • Oregon Abortion codified in state legislation

    Abortion is legal at all stages of pregnancy. Since 2017, Oregon has passed several pieces of legislation asserting the right to reproductive choice and expanding access to abortion care. The Oregon legislature approved the creation of a $15 million fund in March 2022 to support access to abortion in the state.

  • Pennsylvania No state-specific legal basis for the right to abortion

    Abortion is legal up to 24 weeks after the last menstrual period. People seeking an abortion must wait 24 hours before getting the procedure and undergo mandatory counseling. Abortions cannot be done for reasons of sex selection.

  • Rhode Island Abortion codified in state legislation

    Abortion is legal up until fetal viability. In 2019, the state codified the right to abortion.

  • South Carolina No state-specific legal basis for the right to abortion There are additional laws restricting abortion that are not in effect

    Abortion is legal up to 22 weeks from the last menstrual period. People seeking an abortion must wait 24 hours before getting the procedure. D&X procedures are limited, as is telemedicine for medication abortion. People who self-manage, or induce their own abortions outside the medical system, are criminalized. The state’s six-week ban is not in effect pending the result of a state Supreme Court case.

  • South Dakota Abortion banned in state Trigger law banning abortion

    Abortion is illegal. There are no exceptions for rape or incest.

  • Tennessee Abortion banned in state Trigger law banning abortion

    Abortion is illegal. There are no exceptions for rape or incest.

  • Texas Abortion banned in state Trigger law banning abortion

    Abortion is illegal. There are no exceptions for rape or incest, but there are exceptions to save the life of the pregnant person. Doctors who perform abortion could face felony charges and a $100,000 fine.

  • Utah Trigger law banning abortion No state-specific legal basis for the right to abortion There are additional laws restricting abortion that are not in effect

    Abortion is legal up to 18 weeks after the last menstrual period. Utah’s abortion ban has been blocked by a judge. People seeking an abortion must wait 72 hours before getting the procedure and undergo mandatory counseling. Utah prohibits D&X procedures. Abortions can’t be performed because of a fetal diagnosis of Down syndrome. A total ban on abortions has been permanently enjoined.

  • Vermont Abortion codified in state legislation

    Abortion is legal at all stages of pregnancy.  In 2019, Vermont passed legislation protecting the right to abortion. In 2022, voters will weigh in on whether to amend the state’s constitution to protect the right to abortion.

  • Virginia No state-specific legal basis for the right to abortion

    Abortion is legal up to the third trimester (until about 26 weeks after the last menstrual period). D&X procedures are prohibited.

  • Washington Abortion codified in state legislation

    Abortion is legal up until fetal viability. In 1991, the state voted to codify the right to abortion.

  • West Virginia Abortion banned in state

    Abortion is illegal. There are no exceptions for cases of rape or incest.

  • Wisconsin No state-specific legal basis for the right to abortion There are additional laws restricting abortion that are not in effect

    Abortion is legal up to 22 weeks after the last menstrual period. Lawsuits over pre-Roe abortion bans are still winding their way through courts.

  • Wyoming Trigger law banning abortion No state-specific legal basis for the right to abortion There are additional laws restricting abortion that are not in effect

    Abortion is legal up until fetal viability. A state law banning virtually all abortions has been blocked by state courts until at least April 5 while abortion providers challenge its constitutionality.

Glossary

Codify: Passing either a law or a constitutional amendment that explicitly protects a certain right. 

Dilation and evacuation (D&E): A surgical procedure to remove tissue from the uterus via aspiration. It is the most common type of surgical abortion after 12 weeks due to its low risk for complication.

Dilation and extraction (D&X): A surgical procedure that removes a fetus from a uterus after 20 weeks. It is an uncommon method for abortion, even after 20 weeks, and there is no data on how often this technique is used for this purpose. Anti-abortion advocates often refer to these as “partial-birth abortions,” a term coined by the National Right to Life Committee that has no medical meaning

Enjoin: Blocking something from going into effect with judicial order (specific to laws), therefore making it unenforceable. Since the basis for many injunctions against abortion restrictions was the precedent set by Roe v. Wade, it is unclear what will happen to enjoined laws when it is overturned.

Fetal viability: Medical term used to describe the point at which a fetus can survive outside of a womb. The point varies in each pregnancy, and is usually reached between 22 to 25 weeks.

Mandatory counseling: State-directed information that must be given to patients before they seek abortions. Many state counseling requirements compel abortion providers to give patients inaccurate information, for instance telling patients that they may face a post-traumatic condition called “post abortion stress syndrome,” that there are links with breast cancer or infertility, or that certain kinds of abortions can be “reversed.” None of these things are true.

Medication abortion: A two-pill regimen of misoprostol and mifepristone that can be used to terminate a pregnancy. Medication abortions are approved by the Food & Drug Administration for use up to 10 weeks of pregnancy; some providers, citing newer evidence, will offer them up to 12 weeks. The FDA has approved medication abortion for use through telemedicine, meaning medical providers can consult with patients over the phone or virtually, and then mail the pills for patients to self-administer from home. 

Pre-Roe ban: A law banning abortion that was passed before Roe v. Wade took effect and has never since been repealed. These laws have not been enforced since 1973, but could take effect if the Supreme Court case is overturned.

Reason ban: Prohibits abortions that are sought due to some trait of the fetus. Most of these laws address sex, race, disability status or genetic anomaly. It is not always clear how these bills are enforced, since patients are not compelled to explain why they may seek an abortion. Critics note that they can result in doctors interrogating patients about their abortion. 

Trigger laws: Laws passed by state legislatures that ban abortion in the case that Roe is overturned. The laws vary, dictating when, exactly, they go into effect after Roe is overruled or who needs to authorize it. For example, Wyoming’s law states it goes into effect five days after the repeal of Roe v. Wade.

Waiting period: A requirement that patients have two appointments to receive an abortion, separated by a set number of hours. Some states allow the first appointment to be over the phone. In others, people only in rural areas can do the first appointment virtually. And in still others, the waiting period ultimately requires patients make two visits to the abortion clinic. Particularly in states with limited access, waiting periods can make abortions more expensive or difficult to obtain, or push someone over a gestational limit.

More abortion coverage

  • A map of the United States showing abortion access.
  • 50 years since Roe. Seven months since Dobbs.
  • Illustration of a person walking across a pill looking back towards the groove in the middle of the pill.
  • Medication abortion is recognized as safe — even without a doctor — but do enough people know about it?
  • Scientist looking into a microscope injecting human sperm into a human egg cell using a technique known as intracytoplasmic sperm injection.
  • The 19th Explains: How would overturning Roe v. Wade affect IVF?

What we're tracking

On this page, we will track current restrictions on when someone can get an abortion, how, and what other requirements adult patients might face. We will track enjoined laws to give a better picture of which restrictions can legally be enforced. 

At this time we aren’t updating this page with restrictions on clinics or historical moves states have taken to expand access. We also haven’t included information on the restrictions minors seeking abortions face. More detailed information on each state’s specific laws can be found in the sources consulted for each state’s blurb. We pulled much of this information about abortion laws from the Guttmacher Institute and Center for Reproductive Rights, in addition to cited news coverage or state legal codes.

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