An Overview of Abortion Laws
On June 24, 2022, the US Supreme Court overturned abortion rights. We are updating this fact sheet as states implement and enforce abortion bans.
- Physician and Hospital Requirements: 32 states require an abortion to be performed by a licensed physician. 20 states require an abortion to be performed in a hospital after a specified point in the pregnancy, and 17 states require the involvement of a second physician after a specified point.
- Gestational Limits: 43 states prohibit abortions after a specified point in pregnancy, with some exceptions provided. The allowable circumstances are generally when an abortion is necessary to protect the patient's life or health.
- “Partial-Birth” Abortion: 21 states have laws in effect that prohibit “partial-birth” abortion. 3 of these laws apply only to postviability abortions.
- Public Funding: 16 states use their own funds to pay for all or most medically necessary abortions for Medicaid enrollees in the state. 33 states and the District of Columbia prohibit the use of state funds except in those cases when federal funds are available: where the patient's life is in danger or the pregnancy is the result of rape or incest. In defiance of federal requirements, South Dakota limits funding to cases of life endangerment only.
- Coverage by Private Insurance: 12 states restrict coverage of abortion in private insurance plans, most often limiting coverage only to when the patient's life would be endangered if the pregnancy were carried to term. Most states allow the purchase of additional abortion coverage at an additional cost.
- Refusal: 45 states allow individual health care providers to refuse to participate in an abortion. 42 states allow institutions to refuse to perform abortions, 16 of which limit refusal to private or religious institutions.
- State-Mandated Counseling: 17 states mandate that individuals be given counseling before an abortion that includes information on at least one of the following: the purported link between abortion and breast cancer (5 states), the ability of a fetus to feel pain (12 states) or long-term mental health consequences for the patient (8 states).
- Waiting Periods: 24 states require a person seeking an abortion to wait a specified period of time, usually 24 hours, between when they receive counseling and the procedure is performed. 12 of these states have laws that effectively require the patient make two separate trips to the clinic to obtain the procedure.
- Parental Involvement: 36 states require some type of parental involvement in a minor’s decision to have an abortion. 27 states require one or both parents to consent to the procedure, while 9 require that one or both parents be notified.
Overview of State Abortion Law (page 1 of 2) |
||||||||
MUST BE PERFORMED BY A LICENSED PHYSICIAN |
MUST BE PERFORMED IN A HOSPITAL IF AT:
|
PROHIBITED EXCEPT IN CASES OF LIFE OR HEALTH ENDANGERMENT IF AT: |
||||||
Funds All or Most Medically Necessary Abortions |
Funds Limited to Life Endangerment, Rape and Incest |
|||||||
AL |
X |
Viability |
Viability |
0 weeks |
▼ |
|
X |
|
AK |
X |
|
|
|
▼ |
X |
|
|
AZ |
X |
Viability |
Viability |
15 weeks |
X |
|
ϴ |
X |
AR |
X |
Any point in pregnancy |
Viability |
0 weeks‡ |
X |
|
X |
|
CA |
|
|
|
Viability |
|
X |
|
|
CO |
|
|
|
|
|
|
X |
|
CT |
|
Viability |
|
Viability |
|
X |
|
|
DE |
|
|
|
ViabilityΩ |
|
|
X |
|
DC |
|
|
|
|
|
|
X |
|
FL |
X |
Viability |
15 weeks |
24 weeks |
▼ |
|
X |
|
GA |
X |
|
|
6 weeks* |
Postviability |
|
X |
|
HI |
|
|
|
Viability |
|
X |
|
|
ID |
X |
Viability |
3rd trimester |
0 weeks† |
▼ |
|
X |
X |
IL |
Xξ |
|
|
Viability |
|
X |
|
|
IN |
X |
20 weeks |
20 weeks |
22 weeks* |
X |
|
X* |
X |
IA |
X |
|
|
22 weeks* |
▼ |
|
X |
|
KS |
X |
|
Viability |
22 weeks* |
X |
|
X |
X |
KY |
X |
2nd trimester |
|
0 weeks‡ |
▼ |
|
X |
X |
LA |
X |
|
Viability |
0 weeks‡,Ω |
X |
|
X |
|
ME |
|
|
|
Viability |
|
X |
|
|
MD |
|
|
|
ViabilityΩ |
|
X |
|
|
MA |
|
|
|
24 weeksΩ |
|
X |
|
|
MI |
X |
|
|
Viability‡ |
X |
|
X |
X |
MN |
|
|
20 weeks |
Viability |
|
X |
|
|
MS |
XФ |
|
|
0 weeks† |
X |
|
XΩ |
|
MO |
X |
Viability |
Viability |
0 weeks*,‡ |
X |
|
X |
X |
MT |
|
|
Viability |
Viability* |
Postviability |
X |
|
|
NE |
X |
|
|
22 weeks* |
▼ |
|
X |
X |
NV |
X |
24 weeks |
|
24 weeks |
|
|
X |
|
NH |
|
|
|
|
X |
|
X |
|
NJ |
|
14 weeks |
|
|
▼ |
X |
|
|
NM |
Xξ |
|
|
|
Postviability |
X |
|
|
NY |
|
|
|
ViabilityΩ |
|
X |
|
|
NC |
X |
20 weeks |
|
20 weeks* |
|
|
X |
|
ND |
X |
|
|
22 weeks*,ß |
X |
|
X |
X |
OH |
X |
20 weeks |
20 weeks |
22 weeks* |
X |
|
X |
|
OK |
X |
2nd trimester |
Viability |
0 weeks‡ |
X |
|
X |
X |
OR |
|
|
|
|
|
X |
|
|
PA |
X |
Viability |
Viability |
24 weeks* |
|
|
X |
|
RI |
Xξ |
|
|
Viability |
▼ |
|
X |
|
SC |
X |
3rd trimester |
3rd trimester |
22 weeks* |
X |
|
X |
|
SD |
X |
24 weeks |
|
0 weeks‡ |
X |
|
Life Only |
|
TN |
X |
Viability |
Viability |
0 weeks* |
X |
|
X |
|
TX |
X |
|
|
0 weeks‡* |
X |
|
X |
X |
UT |
X |
|
|
18 weeks‡,†,Ω |
X |
|
X* |
X |
VT |
|
|
|
|
|
X |
|
|
VA |
|
2nd trimester |
Viability |
3rd trimester |
X |
|
XΩ |
|
WA |
|
|
|
Viability |
|
X |
|
|
WV |
|
|
|
0 weeks*,†,Ω |
▼ |
|
X* ,Ω |
|
WI |
X |
Viability |
|
22 weeks*,ß |
▼ |
|
X* |
|
WY |
X |
|
|
▽†,*,Ω |
|
|
X |
|
TOTAL |
32 |
20 |
17 |
43 |
21 |
16 |
33+DC |
12 |
▼ Permanently enjoined; law not in effect.
|
Overview of State Abortion Law (page 2 of 2) |
|||||||
|
Individual |
Institution |
Breast Cancer Link |
Fetal Pain |
Negative Psychological Effects |
||
AL |
|
|
|
|
|
48 |
Consent |
AK |
X |
Private |
X |
X |
|
|
▼ |
AZ |
X |
X |
|
|
|
24 |
Consent |
AR |
X |
X |
|
XФ |
|
72 |
Consent |
CA |
X |
Religious |
|
|
|
|
▼ |
CO |
|
|
|
|
|
|
Notice |
CT |
X |
|
|
|
|
|
|
DE |
X |
X |
|
|
|
|
Noticeξ |
DC |
|
|
|
|
|
|
|
FL |
X |
X |
|
|
|
▼ |
Consent and Notice |
GA |
X |
X |
|
X |
|
24 |
Notice |
HI |
X |
X |
|
|
|
|
|
ID |
X |
X |
|
|
|
24 |
Consent |
IL |
X |
Private |
|
|
|
|
|
IN |
X |
Private |
|
X |
|
18 |
Consent |
IA |
X |
Private |
|
|
|
§ |
Notice |
KS |
X |
X |
X |
X |
X |
24 |
Consent |
KY |
X |
X |
|
|
|
24 |
Consent |
LA |
X |
X |
|
X |
X |
24 |
Consent |
ME |
X |
X |
|
|
|
|
|
MD |
X |
X |
|
|
|
|
Noticeξ |
MA |
X |
X |
|
|
|
|
Consentβ |
MI |
X |
X |
|
|
X |
24 |
Consent |
MN |
X |
Private |
|
|
|
|
|
MS |
X |
X |
X |
|
|
24 |
Consentþ |
MO |
X |
X |
|
XФ |
|
72 |
Consent |
MT |
X |
Private |
|
|
|
▼ |
Noticeβ |
NE |
X |
X |
|
|
X |
24 |
Consent |
NV |
X |
Private |
|
|
|
|
▼ |
NH |
|
|
|
|
|
|
Notice |
NJ |
X |
Private |
|
|
|
|
▼ |
NM |
X |
X |
|
|
|
|
▼ |
NY |
X |
|
|
|
|
|
|
NC |
X |
X |
|
|
X |
72 |
Consent |
ND |
X |
X |
|
|
|
24 |
Consentþ |
OH |
X |
X |
|
|
|
24 |
Consent |
OK |
X |
Private |
X |
XФ |
|
72 |
Consent and Notice |
OR |
X |
Private |
|
|
|
|
|
PA |
X |
Private |
|
|
|
24 |
Consent |
RI |
X |
|
|
|
|
|
Consent |
SC |
X |
Private |
|
|
|
24 |
Consent |
SD |
X |
X |
|
X |
X |
72◊ |
Notice |
TN |
X |
X |
|
|
|
▼ |
Consent |
TX |
X |
Private |
X |
X |
X |
24 |
Consent and Notice |
UT |
X |
Private |
|
XФ |
|
72◊ |
Consent and Notice |
VT |
|
|
|
|
|
|
|
VA |
X |
X |
|
|
|
|
Consent and Notice |
WA |
X |
X |
|
|
|
|
|
WV |
|
|
|
|
X |
24 |
Noticeξ |
WI |
X |
X |
|
X |
|
24 |
Consentξ |
WY |
X |
Private |
|
|
|
|
Consent and Notice |
TOTAL |
45 |
42 |
5 |
12 |
8 |
24 |
36 |
▼ Permanently enjoined; law not in effect.
§ Enforcement temporarily enjoined by court order; policy not in effect. Ф Fetal pain information is given only to patients with a pregnancy at or after 20 weeks' gestation; in Missouri, patients at 22 weeks' gestation. þ Both parents must consent to the abortion. ξ Specified health professionals may waive parental involvement in certain circumstances. ◊ In South Dakota, the waiting period excludes weekends or annual holidays and in Utah the waiting period is waived in cases of rape, incest, fetal defect or if the patient is younger than 15. β Parental involvement required for minors under the age of 16. |