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Abortion laws by state, explained

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April 11, 2024
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Abortion laws by state, explained
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When the Supreme Court overturned Roe v. Wade in 2022, it allowed states under Republican control to impose abortion bans or severe limitations, a long-sought goal for many GOP anti-abortion lawmakers. 

Abortion access now is a state-by-state patchwork of laws that is ever-changing as new restrictions take effect.  

Here’s where the laws stand as of today: 

Full ban 

Alabama: Bans abortions with limited exceptions. “Trigger” law went into effect days after Roe was overturned.   

Arizona: Abortion is banned after 15 weeks. The state Supreme Court on April 9 said a near-total ban from 1864 can be enforced, but the ruling is on hold, pending further legal action. It could take effect in May or June.

Arkansas: A near total abortion ban went into effect shortly after Roe was overturned. 

Idaho: Abortion is almost completely banned with few exceptions; a judge blocked part of the law that allowed doctors to be prosecuted for performing an abortion in a medical emergency 

Indiana: A near-total ban took effect Aug. 1. It was the first state to limit or ban abortions after Roe was overturned.

Kentucky: Abortion is almost completely banned, with limited exceptions.

Louisiana: Abortion is almost completely banned, with limited exceptions.

Mississippi: Abortion is almost completely banned, with limited exceptions.  

Missouri: Abortion is almost completely banned, with limited exceptions. “Trigger” law took effect shortly after Roe was overturned.

North Dakota: Abortion is almost completely banned, with very limited exceptions.

Oklahoma: A near-total abortion ban with limited exceptions went into effect shortly after Roe was overturned.    

South Dakota: A near-total abortion ban with limited exceptions went into effect shortly after Roe was overturned.

Tennessee: A near-total abortion ban with limited exceptions went into effect shortly after Roe was overturned.

Texas: Abortion is almost completely banned, with very limited exceptions. Private citizens can also sue abortion providers and those who assist patients seeking an abortion after about six weeks of pregnancy.

West Virginia: Abortion is almost completely banned, with limited exceptions.

6 weeks 

Florida: A 15-week abortion ban is in place. The state Supreme Court on April 1 said the Florida Constitution does not protect abortion, which will allow a six-week ban to take effect 30 days later.

Georgia: A “heartbeat” law bans abortions after about six weeks. 

South Carolina: A “heartbeat” law bans abortions after about six weeks.

12-18 weeks 

Nebraska: Abortion is banned at 12 weeks and later.

North Carolina: Abortion is banned after 12 weeks.

Utah: Abortion is banned at 18 weeks and later. A near-total ban is temporarily blocked in court, but other laws seek to shutter abortion clinics operating in the state.

Legal 

Alaska: Abortion is legal and constitutionally protected.

California: Abortion is legal up to fetal viability. 

Colorado: Abortion is legal with no gestational restrictions. 

Connecticut: Abortion is legal up to fetal viability. 

Delaware: Abortion is legal up to fetal viability. 

District of Columbia: Abortion is legal with no gestational restriction. 

Hawaii: Abortion is legal up to fetal viability. 

Illinois: Abortion is legal up to fetal viability. 

Iowa: Abortion is legal up to viability. A six-week “heartbeat law” ban was temporarily blocked by the courts.

Kansas: Abortion is legal up to fetal viability. 

Maine: Abortion is legal up to fetal viability.  

Maryland: Abortion is legal with no gestational limits. 

Massachusetts: Abortion is legal up to 24 weeks. 

Michigan: Abortion is legal up to fetal viability. 

Minnesota: Abortion is legal with no gestational limits. 

Montana: Abortion is legal up to fetal viability; the GOP governor and Legislature may try to change that.

Nevada: Abortion is legal up to 24 weeks. 

New Hampshire: Abortion is legal up to 24 weeks. 

New Jersey: Abortion is legal with no gestational limits. 

New Mexico: Abortion is legal with no gestational limits. 

New York: Abortion is legal up to fetal viability. 

Ohio: A ballot amendment approved in November makes abortion legal up until 22 weeks.

Oregon: Abortion is legal with no gestational limits. 

Pennsylvania: Abortion is legal up to 24 weeks. 

Rhode Island: Abortion is legal up to fetal viability. 

Vermont: Abortion is legal with no gestational limits. 

Virginia: Abortion is legal until the start of the third trimester, around 27 or 28 weeks.

Washington: Abortion is legal up to fetal viability.

Wisconsin: Abortion is legal up to 22 weeks.

Wyoming: Two near-total abortion bans are blocked by the courts.

Rachel Scully contributed.

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