Abortion Laws

The following U.S. states allow telehealth abortion:

• Alaska*
• California
• Colorado
• Connecticut
• Delaware
• of Columbia
• Georgia
• Hawaii
• Illinois
• Iowa
• Maryland
• Massachusetts
• Maine
• Michigan
• Minnesota
• Montana
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• New York
• Oregon
• Pennsylvania
• Rhode Island
• Vermont
• Virginia
• Washington
• Wyoming

* It is uncertain how accessible telehealth services are to residents of Alaska.

The following states have entirely banned abortions as of June 2022.

The highlights of abortion laws by state, as per the Guttmacher Institute, are as follows.

Abortion is illegal, except when “abortion is necessary to prevent a major health danger to the unborn child’s mother.”

Despite the Supreme Court’s ruling on abortion, Alaska still retains full rights to safe and legal abortion throughout pregnancy.

Though abortion is legal up to fetal viability in Arizona, uncertainty and fear abound since the federal ruling. Hence, several healthcare providers have already barred abortion services while awaiting legal confirmation.

As per the Guttmacher Institute, Arizonians will be facing a slew of confounding factors concerning abortion, some of which include:

• Visiting the involved facility twice. Once to acquire state-directed counseling specifically designed to discourage abortion. A 24-hour waiting period next follows counseling if the procedure is approved.
• Affordable Care Act (ACA) not covering abortion unless a medical emergency puts the pregnant person’s life at risk.
• Banning the use of telehealth to administer medication abortion.
• No Medicaid program coverage even for medically necessary abortions, regardless of the court’s order in favor of an abortion case

Arkansas law prohibits abortion “unless there’s a life-threatening situation or the pregnant woman has a severely compromised health status.” Providing abortion care in Arkansas is now considered a felony, with a 10-year penalty in prison and a $100,000 fine.

Abortion is still legal for Californians up to fetal viability (usually around 24 to 26 weeks of pregnancy), “except if it is essential to save the pregnant woman’s life in an emergency.”

Abortion is allowed in Colorado regardless of how far along in pregnancy you are. However, public aid is accessible for abortion merely in cases of life threat, rape, or incest.

Abortion is legal in Connecticut until the fetus can survive independently outside the uterus.

Abortion is legal up to fetal viability.

Abortion is legal throughout pregnancy in Washington, D.C.

Florida law allows abortion only up to the first 15 weeks of pregnancy. The exemptions include at-risk pregnancy when the mother’s or the unborn baby’s life is in danger.

Abortion laws for Georgians have become stricter since June 2022, prohibiting abortion six weeks after the onset of the last menstrual period (LMP). According to the Guttmacher Institute, further limitations encountered by Georgians include:

• The state requires the pregnant woman to obtain counseling that discourages her from having an abortion and then wait for 24 hours to get the procedure done.
• Affordable Care Act covers abortion only in case of a medical emergency that risks a pregnant woman’s life.
• Insurance policies only cover abortion for public employees if there’s a risk of life endangerment.
• Minors need to obtain parental consent before an abortion.
• Public funding is accessible for abortion only in cases of life endangerment, rape, or incest.

Abortion is legal up to fetal viability.

Abortion is legal up to fetal viability.

Abortion is legal up to fetal viability.

Abortion is legal up to 22 weeks of pregnancy.

Abortion is legal until 22 weeks of pregnancy.

Abortion is strictly illegal in Kansas at 22 weeks of pregnancy (as counted from the first day of the last menstrual period). Moreover, following this stage, the State only allows abortion in life-threatening situations or severely compromised physical health. Various other laws apply to abortion in the state of Kansas as follows:

• Since 2007, the Kansas law entails signing an informed consent form 24 hours prior to the procedure.
• The Kansas State Targeted Regulation of Abortion Providers (TRAP) law regarding medical abortions also applies to private licensed doctors and abortion clinics.
• In 2015, Kansas became the first state to ban the dilation and evacuation (D&E) procedure, a standard second-trimester abortion procedure.
• The State bans abortions done for sex selection.
• The State prohibits the use of telemedicine to perform medical abortion.
• Kansas law requires the consent of parents, legal guardians, or a judge for a minor’s abortion.
• The State restricts public funding and private insurance coverage for abortion except in life jeopardy, rape, or incest incidents.
• There’s a mandatory 24-hour waiting period and state-directed biased counseling before the pregnant woman can access the actual procedure.
• An ultrasound is necessary before an abortion so that the provider can test for a fetal heartbeat.

Abortion banned, except when necessary “to prevent the death or substantial risk due to a physical condition, or to prevent serious, permanent damage of a pregnant woman’s life-sustaining organ.”

Abortion is entirely banned in Louisiana unless:

1. it’s a medical emergency
2. the pregnant woman’s life is in danger
3. if the pregnancy is “medically futile,” or the unborn child has a severe and irreversible congenital or chromosomal anomaly that is unlikely to sustain life after birth

Even if approved for abortion in Louisiana, there’s a long waiting period before the pregnant woman can have the actual abortion procedure. It’s legal to leave Louisiana and get an abortion out of state.

Abortion is legal up to fetal viability.

Abortion legal up to fetal viability.

Abortion is legal up to 24 weeks of pregnancy.

Abortion is legal in Michigan until “viability” but with the following restrictions in effect since June 2022:

• For pregnant women under 18, it is essential to acquire consent to get an abortion in Michigan. You can get a judicial bypass if parental or guardian consent is not an option.
• The Michigan state requires the pregnant woman to obtain counseling that discourages her from having an abortion, followed by a waiting period of 24 hours before the procedure.
• Private and public insurance health plans can cover abortion only in cases of life endangerment.
• Health plans offered under the Affordable Care Act can only provide abortion coverage in cases of life jeopardy except if you purchase an insurability rider.
• Public aid is available for abortion only in life endangerment, rape, or incest cases.
• The State prohibits abortion at or after viability unless the patient’s life is in jeopardy.
• Abortion providers in Michigan are subject to strict state-licensing requirements, workplace safety and health obligations, etc.) designed exclusively to ensure patient safety.

Abortion is legal up to fetal viability.

Abortion is banned except when “necessary to save mother’s life or where the pregnancy is the result of rape,” as reported to law enforcement.

Abortion is banned except “in cases of medical emergency.”

Abortion is legal up to fetal viability.

Abortion is legal up to 22 weeks of pregnancy.

Abortion is legal up to 24 weeks of pregnancy.

Abortion remains legal in New Jersey. Despite the court’s decision to ban abortion, New Jersey protects the right to abortion without restrictions— including but not limited to awaiting legal approval, parental consent, or limitations on publicly funded abortions.

Abortion is legal throughout pregnancy. There are no bans or restrictions on abortion in New Mexico, irrespective of the stage of pregnancy. There are no waiting periods, parental consent needed for minors, or constraints on publicly funded abortions.

Abortion is legal and allowed in New York state up to fetal viability (i.e., 24 weeks from the beginning of pregnancy). After 24 weeks, abortion laws in NY still permit abortion if a pregnant woman’s life or health (including mental health) is at risk. Moreover, minors can access abortion services or reproductive health care without parental consent or notification. Abortion funding is also available for New Yorkers.

Abortion is legal up to fetal viability.

North Dakota’s abortion laws follow the United States Supreme Court ruling to overturn Roe v. Wade, banning abortion throughout pregnancy. The trigger law prohibits all abortions except to save the pregnant woman’s life, or in the case of rape or incest, reported to law enforcement.

Abortion is legal up to six weeks from the first day of your last period (i.e., until no embryonic heart activity is detected). Further restrictions include:

• Obtaining state-directed counseling discourages the patient from having an abortion, followed by a waiting period of 24 hours before the procedure.
• Getting an ultrasound before an abortion allows the provider to test for a fetal heartbeat.
• Licensed practitioners provide medication abortion as per the FDA protocol.
• Health plans under the Affordable Care Act offer abortion coverage only when a life threat, rape or incest incident occurs.
• Minors attaining parental or guardian consent before an abortion.
• Public aid is accessible for abortion in life threat, rape, or incest cases.
• Abortion is banned even if there’s a genetic anomaly.

The State bans abortion except when “necessary to save the life of a pregnant woman in a medical emergency” or if “the pregnancy is the result of rape, sexual assault, or incest that has been reported to law enforcement.”

Abortion is legal throughout pregnancy.

Abortion is legal up to 24 weeks of pregnancy.

Abortion is legal up to fetal viability.

South Carolina permits abortion only before six weeks of pregnancy (i.e., before the embryonic heartbeat is detectable). This law excludes cases of life threat, intensely compromised physical health, rape, or incest. However, South Carolina’s providers seem to stop offering abortion services earlier in pregnancy.

In South Carolina, the following restrictions on abortion have been in effect since June 28, 2022:

• A mandatory 24-hour waiting period and state-directed biased counseling discourage abortion before the actual procedure.
• The State limits public funding and private insurance coverage for abortion except in cases of life endangerment, rape, or incest.
• South Carolina prohibits the use of telehealth to undergo medication abortion.
• South Carolina’s law requires parental consent for a minor’s abortion.
• Abortion clinics and providers are subject to undue constraints related to their equipment, staffing, and licensing requirements.

Abortion is banned except “necessary to preserve the life of the pregnant female.”

Abortion is entirely illegal in Tennessee.

Abortion banned at all stages of pregnancy unless there’s a life-threatening condition caused by the pregnancy.

The following restrictions on abortion have been in effect in Texas since June 28, 2022:

• Biased counseling that opposes abortion, followed by a wait 24 hours before the delivery of the procedure. Women need to obtain counseling from providers located within 100 miles. Counseling and the mandatory waiting period necessitate two visits to the facility.
• Texas warrants minors to obtain parental consent prior to an abortion.
• The State restricts public funding and private insurance coverage for abortion except in life threatening situations, rape, or incest.
• The law bans the use of telehealth for medication abortion.
• The pregnant woman requires an ultrasound at least 24 hours before undergoing an abortion, so that the provider can test for a fetal heartbeat.
• The state law requires the provider to perform an ultrasound at least 24 hours before an abortion and show and explain the image to the patient.

Abortion is legal up to 18 weeks of pregnancy. Since the Supreme Court ruling, Utah passed a “trigger ban” prohibiting most abortions. This law includes exceptions such as cases of life threat, severely compromised health, fetal anomaly, rape, or incest. Moreover, the state law also requires that the providers may only perform an abortion in a hospital or abortion clinic.

Abortion is legal throughout pregnancy.

Abortion is legal up to the third trimester of pregnancy.

Abortion is legal up to fetal viability.

West Virginia completely bans abortion with minimal exceptions. These include:

• A life threat to the pregnant woman or a medical emergency.
• Severely compromised physical health of the pregnant woman.
• Survival of the fetus is not possible.
• When pregnancy is a result of rape or incest.

Since June 2022, Wisconsin has banned abortion except in case of a life threatening condition or severely compromised health. Wisconsin allows abortion 22 weeks after the last menstrual period in these exceptional cases. The rest of the restrictions on abortion resemble other states that have overturned the constitutional right to an abortion as per the Supreme court ruling of June 2022.

Before this abortion ban, Wisconsin allowed abortions up to 22 weeks of pregnancy.