Which States Is Abortion Illegal In Now That Roe V. Wade Has Been Overturned
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The US Supreme Court on June 24 , the 1973 decision that established a constitutional right to abortion. While the decision in doesn't criminalize abortion, it ends federal protections and leaves the decision up to each individual US state.
"It is time to heed the Constitution and return the issue of abortion to the people's elected representatives," Justice Samuel Alito wrote in the majority opinion.
In a June 24 , President Joe Biden described the court's decision as "a realization of an extreme ideology and a tragic error by the Supreme Court."
A leaked in May, spurring action by legislators across the country: Some states passed laws to protect reproductive rights, while others enacted even tighter restrictions on abortion. In 13 states, "" banning nearly all abortions have gone into effect or will be enforced in the coming weeks.
Another 13 states have pre-Roe abortion bans that are now expected to be enforced again.
An found that 56% of Americans opposed the court's ruling in Dobbs, compared to 40% who supported it.
Read on to learn how the Supreme Court's decision impacts abortion in each state. For more information visit the US Department of Health and Human Services'
Understanding abortion terminology
To fully comprehend the status of abortion in each state, it helps to understand frequently used legal terms and provisions used in reproductive rights law.
Fetal viability is the ability of a fetus to survive outside of the uterus. The Supreme Court and the consider a fetus to be viable starting at between , though there's no hard line. A fetus that can't live independently at any stage is considered "non-viable."
Even under Roe, most states restricted abortion after fetal viability with some exceptions for "fatal fetal anomalies."
Almost all state laws banning abortion make exceptions for life-threatening pregnancies or medical emergencies. Several require that two physicians diagnose the pregnancy as life-threatening. A limited number of abortion bans make exceptions in cases of rape or incest.
Weeks of pregnancy and gestational age are both generally defined as the time since the . Some states ban abortions after a certain number of weeks , meaning the period after a and created a zygote.
The defines the start of pregnancy as when the fertilized egg attaches to the lining of the uterus, which occurs about a . It's to determine the exact time of conception or fertilization, which is why most medical providers use the last menstrual period to determine gestational age.
According to , 79% of abortions in the US in 2019 occurred before nine weeks and 93% before 13 weeks. Some state laws outlaw abortion at six to seven weeks, before many women are aware they're pregnant.
In addition, while the abortion debate is often framed as a woman's right to choose, and many abortion laws refer to exceptions when "the life of the mother" is at risk, access to abortion : It impacts anyone whose body is capable of getting pregnant, which includes trans men, intersex people and .
What are trigger laws and which states have them?
The 1973 ruling in Roe v. Wade established a constitutional right to an abortion during the first trimester, or first three months of pregnancy. It also determined abortions could be regulated -- but not banned -- before fetal viability.
Since then, state legislatures have passed many laws restricting abortion access, some of which have been struck down by the courts.
Abortion-related trigger laws delayed their effective dates until after a Supreme Court ruling returned jurisdiction over abortion to the states. With the court's decision in Dobbs v. Jackson Women's Health Organization doing just that, these laws will now go into effect, though many already face legal challenges.
Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Missouri, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Utah and Wyoming all have trigger laws that ban abortion even in the first trimester.
Abortion laws by state
With Dobbs overturning Roe v. Wade, access to abortion now varies greatly from state to state. Below are the regulations in all 50 states, as well as Washington, DC, and Puerto Rico. New laws and legal challenges are expected, so check with for the most up-to-date information.
Alabama
Passed in 2019, Alabama's bans almost all abortions, except in cases of life-threatening pregnancies. The law had been put on hold due to legal challenges but will likely go into effect with Roe v. Wade being overturned.
Until the law's current injunction is overruled, abortions are prohibited after 22 weeks of gestation. The state also requires counseling, ultrasound, a 48-hour waiting period and parental consent for minors.
Alaska
Abortions are fully legal in Alaska, though state-directed counseling is required, as is parental consent for minors. The Alaska Supreme Court ruled that abortion is protected by the state constitution.
Alaskans will whether to hold a constitutional convention as a path toward banning abortion in the state.
Arizona
A law signed by Republican Gov. Doug Ducey in March bans abortions after 15 weeks of pregnancy except if necessary to save the mother's life. Physicians performing abortions face felony charges and loss of their professional licenses.
The statute is slated to take effect 90 days after the legislature adjourns its 2021-2022 session.
Arizona Attorney General Mark Brnovich says predating Arizona statehood and mandating prison time for abortion providers is in effect now and supersedes the newer statute. Ducey has said the newer statute takes precedence.
Previously, Arizona allowed abortions until fetal viability, approximately 24 to 28 weeks. Arizona requires state-directed counseling, ultrasound, a 24-hour waiting period and parental consent for minors.
Arkansas
A 2019 law, , makes providing an abortion a felony, punishable by up to 10 years in prison or a fine of up to $100,000. There are exceptions in cases of life-threatening pregnancies.
California
Abortion in California is legal until the point of fetal viability.
In 2002, the California Legislature that prevents the state from denying or يلاشووت interfering with a woman's right to obtain an abortion up to that point, or when an abortion "is necessary to protect the life or health of the woman."
Democratic Gov. Gavin Newsom has pledged to make California an abortion sanctuary state, establishing it as a haven for people who need access to abortion, whether they live in California or not.
He's also proposed to further protect abortion access.
Colorado
Colorado allows abortion until fetal viability, though parents of minors must be notified.
In 2020, voters rejected a ban on abortions after 22 weeks. In April 2022, Colorado lawmakers passed , codifying protections for reproductive care, including abortion, and ensuring that fertilized eggs, embryos and fetuses don't have the rights of personhood under Colorado law.
Connecticut
Connecticut allows abortions only up to the point of fetal viability unless necessary to preserve the woman's life or health. Patients under 16 can obtain an abortion after receiving counseling from a nurse or clinician.
In May 2022, Democratic Gov. Ned Lamont signed first-in-the-nation making Connecticut an abortion sanctuary state. Starting July 1, medical providers in other states that have outlawed abortion, as are patients who travel to the state for abortion services and anyone who helps them.
Delaware
Delaware law allows abortions until the point of fetal viability.
In June 2022, lawmakers introduced, , which would protect Delawareans who obtain, provide or assist others with getting legal abortions from facing civil suits in other states. It would also allow physician assistants and certified nurse practitioners and nurse-midwives to perform abortions.
Florida
In April 2022, Republican Gov. Ron DeSantis signed a law ., set to take effect July 1, with exceptions to prevent serious harm or death of the patient but not cases of incest, rape or human trafficking.
Among the groups challenging the law is which argues that the law violates Jewish teachings on reproductive rights.
On June 30, a Florida judge of the 15-week ban, calling it unconstitutional because it violates the privacy provision of the Florida constitution. The state is expected to appeal to the Florida Supreme Court, according to , where three of the seven justices were appointed by DeSantis.
Georgia
With Roe now overturned, a bans most abortions once cardiac activity has been detected in an embryo, generally at about six or seven weeks. There are exceptions for cases of rape or incest when a police report has been filed, and when a pregnancy has been deemed "medically futile" by a physician.
The state requires counseling, parental consent for minors, ultrasound and a 24-hour waiting period.
Previously, abortion was legal in Georgia up to 20 weeks into a pregnancy.
Hawaii
In 1970, Hawaii became the first state to fully legalize abortion up to the point of fetal viability.
In 2006, the state to ensure full access to abortion services no matter what happened on the federal level. It also removed a requirement that individuals seeking an abortion be a resident for at least 90 days and allowed the procedure to be performed outside of hospitals in clinics and doctors' offices.
Idaho
In March 2022, Idaho lawmakers banning all abortions after six weeks. The state Supreme Court issued a temporary injunction, but with Roe v. Wade overturned, it goes into effect immediately.
Previously, Idaho allowed abortions up to 22 weeks, with exceptions for life-threatening situations.
Read more:
Illinois
Abortion is legal in Illinois up until the point of fetal viability, and that isn't expected to change.
In 2019, the state removed regulations for abortion providers with .
Indiana
Indiana technically allows abortions up to 22 weeks of pregnancy, but lawmakers have added strict limitations, including bans on abortion medication after 10 weeks and requirements for state-directed counseling and ultrasound at least 18 hours before an abortion.
The regulations ensure that most abortions happen in the first 13 weeks of pregnancy, NPR .
Iowa
Iowa allows abortions up to 20 weeks after fertilization and requires an ultrasound and parental notification for minors.
In 2019, the state passed , but it was struck down by the Iowa Supreme Court. The status of that law won't change even though Roe v. Wade is no longer the law of the land.
Kansas
Kansas bans abortions after 22 weeks and requires patients to undergo ultrasounds and state-directed counseling.
Republican lawmakers banned in 2019, but the law was struck down by the state Supreme Court.
In August 2022, Kansans are slated to vote on an denying state constitutional protections and government funds for abortion.
Kentucky
In 2019, Kentucky became one of the first states to pass an abortion trigger law, after Roe v. Wade was struck down. Providing surgical or medical abortion is now a Class D felony, except if necessary to save the life of the patient or to prevent permanent impairment of a life-sustaining organ.
A federal judge has after a lawsuit was filed by Planned Parenthood on behalf of the state's two abortion clinics. The lawsuit argues that under the statute, women are "forced to remain pregnant against their will," in violation of the state constitution.
Jefferson Circuit Judge Mitch Perry also temporarily blocked enforcement of a law that bans abortions after six weeks of pregnancy.
Previously, Kentucky allowed abortions up to 22 weeks, requiring parental consent for minors, ultrasound, state-directed counseling and a 24-hour waiting period.
In November 2022, voters will decide on a referendum affirming that nothing in the state constitution creates a right to abortion or requires government funding for abortion.
Louisiana
In 2006, Louisiana passed except to prevent "substantial risk of death or permanent impairment under certain circumstances." A judge of the law pending a lawsuit by the Center for Reproductive Rights on behalf of local abortion providers.
Before Roe was overturned, Louisiana prohibited abortion after 22 weeks of pregnancy and required ultrasounds and waiting periods.
In 2020, Louisiana to remove any language that might imply the right to an abortion.
Maine
Maine allows abortions up to fetal viability, and beyond that in cases of life endangerment.
In 2019, Maine and passed legislation allowing people other than doctors to perform the procedure. In April 2022, the state passed a law at abortion clinics.
Maryland
Abortion is legal in Maryland up until the point of fetal viability, though in the case of a minor, parents must be notified.
In 1992, Maryland voters passed , intended to protect abortion in Maryland in case the US Supreme Court overturned Roe v. Wade.
Massachusetts
Massachusetts allows abortion until fetal viability. In 2018 the state passed .
In late 2020, the state also passed legislation called the , which expanded access to abortion and made it explicitly legal in the case of Roe v. Wade being overturned.
Michigan
Abortions in Michigan are legal until fetal viability, though state-directed counseling and a 24-hour waiting period are required.
With Roe v. Wade overturned, could take effect, making all abortions illegal. Gov. Gretchen Whitmer has sued to block the law, saying that the due process and equal protection clauses of the state constitution make it invalid.
Minnesota
Minnesota's abortion restrictions are similar to Michigan's: Parents of minors must give consent, and patients are required to undergo state-directed counseling and a 24-hour waiting period regardless of age. However, Minnesotans' right to abortion is protected by , and Gov. Tim Walz has declared that "no abortion ban will ever become law" during his term.
Mississippi
Mississippi's of 2018, which limited abortions to the first 15 weeks of pregnancy, was the subject of the Supreme Court case that led to the overturning of Roe v. Wade.
Now a except in cases of rape or to save the life of the patient. The law goes into effect on July 7, 2022, though it faces a lawsuit from Jackson Women's Health Organization, the plaintiff in the Supreme Court and the only abortion clinic in the state.
Missouri
Following the Supreme Court ruling, Missouri invoked a trigger law banning all abortions in the state, with an exception if the life of the woman is at stake but not in cases of rape or incest.
The law makes inducing an abortion a class B felony, with a possible prison sentence of five to 15 years. Abortion providers can also have their medical licenses suspended or revoked.
Previously, abortions were banned after 20 weeks' gestational age and required state-directed counseling, ultrasound and a 72-hour waiting period.
Montana
Abortion in Montana is protected by a 1999 state Supreme Court decision that isn't affected by the overturning of Roe v. Wade. However, state Attorney General Austin Knudsen has asked the Montana Supreme Court to overturn the 1999 decision.
Several state abortion restrictions that were passed in 2021 are being challenged in court by Planned Parenthood. Pending legislation would ban abortions after 20 weeks' gestational age and block providing abortion medication through the mail.
Nebraska
Abortions in Nebraska are legal up to 22 weeks. The state requires mandated counseling and a 24-hour waiting period, as well as parental consent for minors and a ban on telemedicine for abortion medication.
In February, the state failed to pass a that would've banned all abortions when Roe v. Wade was overturned. Nebraska legislators have indicated they may call a special session to try again to pass the bill.
Nevada
Nevada allows legal abortions up until 24 weeks. In 1990, were passed by referendum and can't be changed by the legislature without a repeal from state voters. Only physicians can perform abortions, and parental consent is required for minors.
New Hampshire
New Hampshire has no specific laws protecting abortion. A 2022 state law made abortions after 24 weeks illegal and added several requirements, like ultrasound and parental consent for minors.
In May 2022, Gov. Chris Sununu allowing abortions after 24 weeks in the case of fatal fetal anomalies.
New Jersey
Abortion remains legal in New Jersey. , passed in January 2022, protects the right to abortion and removed several restrictions from the law, including the requirement that only physicians provide abortions.
In 2000, the state Supreme Court struck down a law requiring parental consent for minors.
New Mexico
In 1969, New Mexico passed a law criminalizing abortion, but the in February 2021. The repeal also removed requirements for parental consent for minors.
There's no law protecting abortion in New Mexico, but the overturning of Roe v. Wade doesn't immediately impact abortion access in the state.
New York
New York state legalized abortion in 1970, three years before the Supreme Court ruling in Roe v. Wade, and a 2019 law lifted several restrictions, including a requirement that only physicians could provide abortions.
A 2019 law, , removed abortion from the New York state criminal code and allowed abortion after 24 weeks in the case of a life-threatening pregnancy or a nonviable fetus.
North Carolina
Before Dobbs, abortion was legal in North Carolina until fetal viability, considered approximately 22 weeks. But a law banning abortions after 20 weeks is now in effect. The state also mandates several restrictions, including parental consent for minors, ultrasound, mandatory state-directed counseling and a 72-hour waiting period.
The North Carolina General Assembly has passed several other restrictions, but they've all been vetoed by Democratic Gov. Roy Cooper.
North Dakota
North Dakota's trigger law, , goes into effect 30 days after the Attorney General certifies the Supreme Court has restored to the states the authority to prohibit abortion. It makes terminating a pregnancy a Class C felony punishable by a maximum penalty of five years in prison and a $10,000 fine, except to save the life of the mother or in the case of rape or incest.
Ohio
On June 24, a federal judge lifted an injunction , which bans abortion after the detection of fetal cardiac activity -- about six weeks into a pregnancy -- with an exception if the life of the patient is at stake but not in cases of rape or incest.
Healthcare providers found guilty of performing an abortion could face felony charges and up to a year in prison.
Senate President Matt Huffman, a Republican from Lima, said residents who seek abortions in other states would not be prosecuted. "If someone is going to go to New York to have an abortion, we're not going to know that and we're not going to be able to prevent that," Huffman .
Previously, abortions were legal in Ohio up to 20 weeks after fertilization, though they require mandatory counseling, a 24-hour waiting period and ultrasound.
Oklahoma
Post-Roe, anyone who performs an abortion at any point could be subject to up to two to five years in prison unless the life of the mother is at risk. (A trigger law goes into effect on Aug. 26 that increases the penalties to 10 years in prison and/or a fine of $100,000.)
The statute makes exceptions for miscarriages, ectopic pregnancies, to save the life of the patient and if the pregnancy is the result of rape or incest that has been reported to law enforcement. It is also aimed at medical professionals -- a woman having an abortion would not be charged.
Like Texas ban, Oklahoma's law allows private citizens to sue anyone who helps a woman obtain an abortion for at least $10,000 in damages.
Oregon
Oregon has enacted several laws to expand access to reproductive care: In 1983, abortion became a right under the state Constitution. In 2017, the state began allowing nonphysician health professionals to provide abortion care and passed a that requires private insurers to cover the costs of abortion.
In 2018, voters rejected a ballot measure to restrict use of state funds for abortion.
Pennsylvania
Pennsylvania allows abortions up to 24 weeks after the last menstrual period. In 1982, the state legislature including state-directed counseling, ultrasound, a 24-hour waiting period and parental consent for minors.
Puerto Rico
Abortion has been legal in Puerto Rico since 1937. Before Roe v. Wade, some Americans living in states where they couldn't legally get an abortion would travel to the US territory to obtain one.
In 2019, Puerto Rico passed some of its first restrictions, including the requirement of parental consent for minors.
Proposed in April 2022 and now under debate, would restrict abortions to 22 weeks after fertilization.
Rhode Island
Abortions are legal and minimally restricted in Rhode Island. Parental consent is required for minors and only physicians are allowed to perform the procedure.
In 2019, state lawmakers a law criminalizing abortions after 12 weeks and replaced it with a measure that added statutory protections but didn't guarantee the right to abortion in the state constitution.
South Carolina
South Carolina , with exceptions for rape or incest.
Under Roe, abortion was strictly limited, with mandatory state-based counseling, a 24-hour waiting period and a ban on abortions after 20 weeks post-fertilization.
South Dakota
A bans abortions except in the case of life-threatening pregnancies.
Under Roe, South Dakota banned abortions after 22 weeks, requiring counseling and mandating a 72-hour waiting period. A law signed in March 2022 further restricted abortion medication.
Tennessee
A effectively bans all abortions in Tennessee, except in the case of life-threatening pregnancies. It's set to go into effect 30 days after the overturn of Roe v. Wade.
Previously, Tennessee mandated counseling, a 48-hour waiting period and parental consent for minors. Voters amended the state constitution in 2014 to remove abortion protections granted by a state Supreme Court ruling in 2000.
Texas
In 2021, Texas passed after six weeks except to save the life of the pregnant patient or if they risk "substantial impairment of major bodily function."
The law, which makes providing an abortion punishable by up to life in prison and fines of up to $100,000, is set to take effect no sooner than 30 days after Roe v Wade is overturned. But Texas Attorney General Ken Paxton said a 1925 law that banned almost all abortions was never repealed and is still in effect -- therefore providers could be charged immediately.
On June 28, a Texas judge temporarily blocked enforcement of the 1925 ban after the ACLU filed suit in Harris County, which includes Houston. A hearing has been set for July 12.
Utah
With Roe v. Wade overturned, a makes performing an abortion a second-degree felony in Utah, punishable by up to 15 years in prison and a $10,000 fine. It took effect immediately after the Supreme Court announced its ruling on June 24, 2022.
There are exceptions in the case of rape, incest or a life-threatening pregnancy. Abortion is also permissible in the case of a fatal defect or "severe brain abnormality" in the fetus, but not including Down syndrome, cerebral palsy or other conditions that don't result in a vegetative state.
The law has been stayed after Planned Parenthood filed suit to block the ban.
Before the ruling in Dobbs v. Jackson Women's Health Organization, women seeking abortions had to agree to state-based counseling, a 72-hour waiting period and parental consent for minors.
Vermont
Vermont has no major restrictions on abortion. An abortion ban was ruled unconstitutional by the state Supreme Court in 1972 and repealed by the legislature in 2014.
In 2019, Republican Gov. Phil Scott signed , a sweeping reproductive rights law that established the right to abortion without government interference.
Virginia
Abortion is generally legal in Virginia up until 25 weeks of gestation. repealed several restrictions, including a 24-hour waiting period and a requirement that only physicians provide abortions.
In 2021, the state removed a prohibition on state exchange insurance covering abortion.
Washington
In 1971, Washington state repealed criminal penalties for terminating a pregnancy, and abortions are legal up to the point of fetal viability, somewhere between 23 and 24 weeks.
In 2018, the right to abortion was that also requires insurers that provide maternity care to cover abortions.
In March 2022, the state that shields both patients and providers from out-of-state prosecution, in response to laws in Texas and elsewhere .
Washington, DC
The right to an abortion was codified into law in 2020 with the passage of , which also prohibits employment discrimination against health care professionals who perform or are willing to perform abortions.
West Virginia
West Virginia bans abortions after 22 weeks except in cases of . It also requires a 24-hour waiting period, counseling and parental notification for minors. In 2018, West Virginia voters agreed to amend the state constitution to specifically declare that it doesn't include any right to abortion.
A law signed by Republican Gov. Jim Justice in March 2021 prevents women from getting an abortion because they believe .
A makes it a felony to perform an abortion, punishable by three to 10 years in prison. It's unclear, though, if the statute is still enforceable.
Wisconsin
A law makes abortion a felony, but it's not clear if the 173-year-old ban will now go into effect as State Attorney General Josh Kaul has said he wouldn't enforce the "draconian" law.
Democratic Gov. Tony Evers to repeal that law, but it isn't expected to do so.
Until now abortion in Wisconsin has been legal up to the 22nd week, though state regulations require counseling, parental consent for minors, a 24-hour waiting period and mandatory ultrasound. They also prohibit telemedicine for abortion medication.
Wyoming
In March, Wyoming passed , a trigger law that outlaws all abortions except in the case of life-threatening pregnancies.
Correction, June 24: An earlier version of this article misidentified the Texas trigger law. It's House Bill 1280.
The information contained in this article is for educational and informational purposes only and is not intended as health or medical advice. Always consult a physician or other qualified health provider regarding any questions you may have about a medical condition or health objectives.
