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Abortion Laws: States Banning Abortion and Where It Is Still Protected

·13 min read
Photo credit: SAUL LOEB - Getty Images
Photo credit: SAUL LOEB - Getty Images

On Friday, June 24, the Supreme Court officially voted to overturn Roe v. Wade. The news broke nearly two months after Politico leaked a draft stating that the majority of the justices would vote to overturn the case as they decide on Dobbs v. Jackson Women's Health Organization, a separate case that revolves around a law in Mississippi that bans all abortion past 15 weeks, except in very limited medical circumstances.

In doing so, the Supreme Court has ruled that the right to abortion is not protected by the Constitution, and the legal status of abortion is now handed over to the states for individual decision—13 of which have trigger laws that will ban abortion within the next 30 days.

For years, abortion activists and pro-choice supporters have been wary that this day would come. Marches and protests have intensified, all with the intent of demonstrating that we should not return to the unsafe and limited abortion access of the pre-Roe v. Wade era. While the fight to keep abortion safe and legal nationwide will not stop, it’s important to recognize where those seeking abortions can find one and what barriers they might run into.

Below, find a state-by-state list of where abortions are legal. We’ve included the most relevant rules and laws, and will continue to update this guide as things change.

Please note, the number of weeks until an abortion is no longer allowed typically corresponds to the number of weeks post-fertilization, with fertilization usually occurring two weeks after the last menstrual period began. Where viability is listed, that is often considered to be 28 weeks (seven months). Additionally, when counseling is required, patients are often delayed from getting an abortion due to mandated waiting periods and are also discouraged from getting the procedure during counseling. Finally, in many of the states that currently have or will enact bans, other restrictions, like clinics needing to meet difficult standards, low insurance coverage, and lack of telemedicine access, also exist.

Alabama

After Roe, safe and legal abortion is likely to be banned at fertilization within weeks or months.

Alaska

After Roe, abortion will likely stay safe and legal. There is unlimited access to safe and legal abortions. Patients can have an abortion at any point in the pregnancy, however they must complete counseling. Alaska also has public funding for nearly all medically necessary abortions.

Arizona

After Roe, an abortion ban after 15 weeks signed by Governor Doug Ducey in the spring will likely take effect in September.

Arkansas

After Roe, abortion access will likely be completely banned. Arkansas has a trigger ban law, and it will take effect once the state’s attorney general certifies the court’s decision, which will likely take place within 30 days.

California

After Roe, abortion is protected by state law. Abortions are safe and legal until viability. If the patient's life is in danger, an abortion can be performed after viability. Public funding is available to cover medically necessary abortion fees. The state will also work to become a safe haven for people seeking abortions.

Colorado

After Roe, safe and legal abortion is protected by state law. There is no limit to when an abortion can be performed. The parent of a minor must be notified, but no consent is required. Public funding is only available for abortions due to life endangerment and rape and/or incest.

Connecticut

After Roe, state law protects safe and legal abortions. Abortions are safe and legal until viability. If the patient's life is in danger, an abortion can be performed after viability. Public funding is available to cover medically necessary abortion fees. New laws will also expand provider access and protect from out-of-state lawsuits.

Delaware

After Roe, abortion is protected by state law. Abortions are safe and legal until viability. If the patient's life is in danger, an abortion can be performed after viability. Public funding is only available for abortions due to life endangerment and rape and/or incest. New laws are expanding provider access.

District of Columbia

After Roe, local law protects safe and legal abortion. Abortions can be performed at any point during the pregnancy. Public funding is only available for abortions due to life endangerment and rape and/or incest.

Florida

After Roe, a bill passed by Governor Ron DeSantis that bans abortion after 15 weeks will take effect on July 1.

Georgia

After Roe, a six-week abortion ban could take effect. Before Roe was overturned, abortions could be performed past 20 weeks only in the case of life endangerment, rape, or incest. Parental consent, ultrasounds, and counseling were required.

Hawaii

After Roe, state law protects abortion, and patient access to providers should be expanded. Abortions are safe and legal until viability. If the patient's life is in danger, an abortion can be performed after viability. Public funding is available for medically necessary abortions.

Idaho

After Roe, all abortion access will be illegal in 30 days because of a trigger ban.

Illinois

After Roe, safe and legal abortion is protected by state law and the state's constitution. Illinois will likely be inundated with people seeking abortions who live in neighboring states that have bans. In Illinois, abortions are safe and legal until viability. If the patient's life is in danger, an abortion can be performed after viability. Public funding is available for medically necessary abortions. Parents of minors must be notified, but no consent is required.

Indiana

After Roe, there is no framework for what type of bans might take place. However, restrictions are likely. Before Roe was overturned, abortions could be performed past 20 weeks only in the case of life endangerment. Parental consent, ultrasounds, were counseling are required.

Iowa

After Roe, the future of legal abortions is uncertain. However, the state has previously acted in support of abortion bans, making restricted access moving forward likely. Before Roe was overturned, abortions could be performed past 20 weeks only in the case of life endangerment. Parental notification and ultrasounds were required.

Kansas

After Roe, there are no laws blocking abortion. Previously, the state's high court decided that a pregnant person's right to personal autonomy was protected by the state constitution, but Kansas may amend the document to further ban abortion. Before Roe was overturned, abortions could be performed past 20 weeks only in the case of life endangerment. Parental consent, ultrasounds, and counseling were required.

Kentucky

After Roe, a trigger ban has taken effect immediately, banning almost all abortions, including any pregnancies due to rape and/or incest.

Louisiana

After Roe, a trigger ban has taken effect immediately, banning almost all abortions, including any pregnancies due to rape and/or incest. The only exception is when a mother's life is in danger.

Maine

After Roe, abortion is protected by state law. Abortions are safe and legal until viability. If the patient's life is in danger, an abortion can be performed after viability. Public funding is available for medically necessary abortions.

Maryland

After Roe, abortion is protected by state law. New laws should expand patient access to providers. Abortions are safe and legal until viability. If the patient's life is in danger, an abortion can be performed after viability. Public funding is available for medically necessary abortions. Parents of minors must be notified, but no consent is required.

Massachusetts

After Roe, abortion is protected under the state's constitution. New laws will protect and expand access. Abortions are safe and legal until 24 weeks. If the patient's life is in danger, an abortion can be performed after that. Public funding is available for medically necessary abortions. Parents of minors under 16 must consent.

Michigan

After Roe, abortion access is uncertain. There is a pre-Roe state law that bans most abortions, but it has previously been blocked, and Governor Gretchen Whitmer, a Democrat, has said she will not enforce the law. Before Roe was overturned, abortions could be performed after viability only when the patient's life is in danger. Counseling and parental consent were also required.

Minnesota

After Roe, abortion is protected under the state's constitution. Abortions are safe and legal until viability. If the patient's life is in danger, an abortion can be performed after viability. Public funding is available for medically necessary abortions. Parents of minors must be notified, but no consent is required, and patients are required to complete counseling.

Mississippi

After Roe, a trigger ban will take effect within the coming days.

Missouri

After Roe, a trigger ban has taken effect immediately, including any pregnancies due to rape and/or incest.

Montana

After Roe, the future of abortion is uncertain. The state's high court recognized abortion rights through the constitution, but the state also has an unenforced 20 week abortion ban. Before Roe was overturned, abortions were safe and legal until viability. If the patient's life is in danger, an abortion can be performed after viability. Public funding is available for medically necessary abortions.

Nebraska

After Roe, abortion will likely be banned. A trigger ban failed to pass earlier in 2022, but Governor Pete Ricketts was previously planning to pass a total ban after Roe falls.

Nevada

After Roe, abortion is protected by state law, which can only be changed with a voter referendum. Abortions are safe and legal until 24 weeks. If the patient's life is in danger, an abortion can be performed after that. Public funding is only available for abortions due to life endangerment and rape and/or incest.

New Hampshire

After Roe, abortion is likely to stay protected, but there is no law explicitly protecting it. Presently, abortions are safe and legal until 24 weeks. If the patient's life is in danger, an abortion can be performed after that, but the patient is required to have an ultrasound. Parental notification is required, and public funding is only available for abortions due to life endangerment, rape, and/or incest.

New Jersey

After Roe, safe and legal abortion will be protected by state law, and Governor Phil Murphy is also proposing making the state a "sanctuary" for those seeking abortions. There is no limit to when an abortion can be performed. Public funding is available for all medically necessary abortions.

New Mexico

After Roe, abortion may stay legal, but there is no state law or ruling expressly saying so. Presently, there is no limit to when an abortion can be performed. Public funding is available for all medically necessary abortions.

New York

After Roe, abortion is protected by state law, and other protections, including a constitutional amendment, have been proposed. Abortions are safe and legal until viability. If the patient's life is in danger, an abortion can be performed after viability. Public funding is available for medically necessary abortions.

North Carolina

After Roe, abortion's legality is uncertain. The state has a law banning abortions after 20 weeks, and while it's not in effect, it may be enforced if Roe falls. Presently, abortions can be performed after viability only when the patient's life is in danger. Patients also must receive counseling, an ultrasound, and parental consent.

North Dakota

After Roe, a trigger law banning all abortions will take effect within 30 days, once the state’s legislative council approves North Dakota's attorney general’s certification.

Ohio

After Roe, a six-week abortion ban, including abortions due to rape or incest, will likely take effect. Presently, abortions can be performed past 20 weeks only in the case of life endangerment. Parental consent, ultrasounds, and counseling are required.

Oklahoma

After Roe, abortion will continue to be banned except in the case of life endangerment, rape, or incest.

Oregon

After Roe, abortion will stay protected through state law. The state government is currently working to approve $15 million in funding for those seeking abortions. There is no limit to when an abortion can be performed. Public funding is available for all medically necessary abortions.

Pennsylvania

After Roe, abortion's future is uncertain. There is no state law protecting the procedure. Republicans control the state legislature, but Governor Tom Wolf, a Democrat, is against abortion restrictions. Presently, abortions are safe and legal until 24 weeks. If the patient's life is in danger, an abortion can be performed after that. However, parental consent and counseling are required, and public funding is only available for abortions due to life endangerment, rape, or incest.

Rhode Island

After Roe, abortion is protected by state law. Abortions are safe and legal until viability. If the patient's life is in danger, they can be performed after that. Patients also must receive parental consent, and public funding is only available for abortions due to life endangerment, rape, or incest.

South Carolina

After Roe, abortion will likely be restricted. A six-week ban is currently pending. Before Roe was overturned, abortions could be performed past 20 weeks only in the case of life endangerment. Parental consent for minors under 17 and counseling were required.

South Dakota

After Roe, a trigger ban has taken effect immediately, restricting all abortions, including those in the case of rape or incest.

Tennessee

After Roe, a trigger ban will take effect in the next 30 days, restricting all abortions, including those in the case of rape or incest.

Texas

A six-week abortion ban is already in place, but after Roe, a trigger ban will take effect in the next 30 days, restricting all abortions, including those in the case of rape or incest.

Utah

After Roe, a trigger ban on all abortions will take effect within days.

Vermont

After Roe, state law will protect abortion. There is no limit to when an abortion can be performed. Public funding is available for all medically necessary abortions. In November, voters are deciding whether to add additional protection to the constitution.

Virginia

After Roe, abortion may stay legal, but there is no state law protecting it. Presently, abortions can be performed until the third trimester. After that, they can be performed only in the case of life endangerment. Parental consent is required, and public funding is only available for cases of life endangerment, rape, and/or incest.

Washington

After Roe, state law protects abortion, and patient access to providers will be expanded. Abortions are safe and legal until viability. If the patient's life is in danger, an abortion can be performed after viability.

West Virginia

After Roe, abortion will be banned within months due to an approved constitutional amendment denying the right to abortion.

Wisconsin

After Roe, abortion may be restricted. The state has a pre-Roe law that could ban all abortions and make them a felony, but Governor Tony Evers, a Democrat, stated he will not enforce this law. Before Roe was overturned, abortions could be performed past 20 weeks only in the case of life endangerment.

Wyoming

After Roe, a trigger ban on all abortions will take place in the next 30 days.

States With Abortion Trigger Bans

13 states have "trigger bans" in place, that will typically ban abortion within 30 days of Roe's overturn. While each trigger ban has a different set of rules–some take place within minutes once a representative from each state certifies the court’s decision– others require a full 30 days to go into effect. Take a look at those states here:

  • Arkansas

  • Idaho

  • Kentucky

  • Louisiana

  • Mississippi

  • Missouri

  • North Dakota

  • Oklahoma

  • South Dakota

  • Tennessee

  • Texas

  • Utah

  • Wyoming

States Where Abortion Is Protected After Roe

16 states and the District of Columbia all have laws that protect the right to abortion, at press time. If your state is not listed below and you need immediate access to abortion resources, learn more here and visit the National Network of Abortion Funds for more assistant.

  • California

  • Colorado

  • Connecticut

  • Delaware

  • District of Columbia

  • Hawaii

  • Illinois

  • Maine

  • Maryland

  • Massachusetts

  • Nevada

  • New Jersey

  • New York

  • Rhode Island

  • Vermont

  • Washington

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