State Bans on Abortion Throughout Pregnancy
Background
Background
On June 24, 2022, the US Supreme Court overturned abortion rights. We are updating this fact sheet as states implement and enforce abortion bans.
Definitions
Last menstrual period (LMP): The beginning of pregnancy calculated from the start of the most recent menstrual period. An average pregnancy lasts approximately 40 weeks from this point.
Postfertilization: The beginning of pregnancy calculated from the date of conception; 20 weeks postfertilization is equivalent to 22 weeks LMP.
Postimplantation: The beginning of pregnancy calculated from the date of embryo implantation; 24 weeks postimplantation is equivalent to 27 weeks LMP.
General health: Defined by an individual doctor and includes the patient’s mental and emotional health.
Physical health: Applies only to the physical function of the patient’s body and may even be restricted to major bodily functions.
Viability: The point at which a fetus can sustain survival outside the uterus. Determined based on the fetus’s developmental progress and may vary by pregnancy. A fetus generally reaches viability between 24 and 28 weeks LMP.
Visit our state legislation tracker for policy activity on all sexual and reproductive health topics.
Highlights
- 44 states prohibit some abortions after a certain point in pregnancy.
- 13 states ban abortion.
- 1 state bans abortion at six weeks LMP.
- 2 states ban abortion at 15 weeks LMP.
- 1 state bans abortion at 20 weeks LMP.
- 9 states ban abortion at 22 weeks LMP (20 weeks postfertilization in state law) on the unscientific grounds that a fetus can feel pain at that point. (Note that abortion in unavailable in two of these states because there are no abortion providers.)
- 4 states ban abortion at 24 weeks LMP.
- 13 states impose a ban at viability.
- 1 state imposes a ban in the third trimester (beginning at 25 weeks LMP)
For more information
Public Policy Office
Topic
United States
Geography
|
State Bans on Abortion Throughout Pregnancy |
|||||
|
Statutory limit |
State |
Exceptions |
|||
|
Life |
General |
Physical |
Other |
||
|
Conception |
Alabama |
X |
|
X |
|
|
|
Arkansas |
X |
|
|
|
| Idaho | X | X | Rape, incest | ||
|
|
Kentucky |
X |
|
X |
|
| Louisiana | X | X | Lethal fetal anomaly | ||
|
|
Mississippi |
X |
|
|
rape |
|
|
Missouri |
X |
|
X |
|
|
|
Oklahoma |
X |
|
|
|
|
|
South Dakota |
X |
|
|
|
| Tennessee | X | X | |||
|
|
Texas |
X |
|
|
|
| West Virginia | X | X | Rapez, incestz, lethal fetal anomaly | ||
| Wyoming | X | X | |||
|
TOTAL IN EFFECT |
13 |
13 |
1 |
7 |
4 |
|
6 weeks LMP |
Georgia | X | X |
|
|
|
|
Iowa |
▼ |
|
▼ |
|
|
|
Kentucky |
▽ |
|
▽ |
|
| Louisiana | ▽ | ▽ | |||
|
|
North Dakota |
▼ |
|
▼ |
|
|
|
Oklahoma |
▼ |
|
▼ |
|
|
TOTAL IN EFFECT |
1 | 1 | 1 |
0 |
|
|
8 weeks LMP |
Missouri |
▽ |
|
▽ |
|
|
TOTAL IN EFFECT |
0 |
0 |
|
0 |
0 |
|
12 weeks LMP |
Arkansas |
▼ |
|
▼ |
|
|
TOTAL IN EFFECT |
0 |
0 |
|
0 |
0 |
| 15 weeks LMP | Arizona | X | X | ||
| Florida | X | X | Lethal fetal anomaly | ||
|
|
Louisiana |
▼ |
|
▼ |
|
|
|
Mississippi |
▼ |
|
▼ |
|
|
TOTAL IN EFFECT |
2 |
2 |
|
2 |
1 |
|
18 weeks LMP |
Arkansas |
▽ |
|
▽ |
|
|
|
Utah |
1 |
|
1 |
Rape, incest, lethal fetal anomaly |
|
TOTAL IN EFFECT |
1 |
1 |
|
1 |
1 |
|
20 weeks LMP |
Arizona |
▼ |
|
▼ |
|
|
|
Montana |
▽ |
|
▽ |
|
|
|
North Carolina |
X |
|
X |
|
|
TOTAL IN EFFECT |
1 |
1 |
|
1 |
0 |
|
22 weeks LMP |
|
|
|
|
|
| Idaho‡ | ▼ | ▼ | |||
|
|
Indiana†,* |
X |
|
X |
|
|
|
Iowa* |
X |
|
X |
|
|
|
Kansas*,‡ |
X |
|
X |
|
|
|
Nebraska* |
X |
|
X |
|
|
|
North Dakota*,†,Ɵ |
X |
|
X |
|
| Ohio*,†,‡ | X | X | |||
| South Carolina | X | X | Lethal fetal anomaly | ||
|
|
Wisconsin*,Ɵ |
X |
|
X |
|
|
TOTAL IN EFFECT |
9 |
9 |
|
9 |
1 |
|
24 weeks LMP |
Nevada |
X |
X |
|
|
|
|
Massachusettsβ |
X |
X |
|
Lethal fetal anomaly |
|
|
New Hampshire |
X |
|
X |
|
|
|
Pennsylvania†,‡ |
X |
|
X |
|
|
TOTAL IN EFFECT |
4 |
4 |
2 |
2 |
1 |
|
Viability |
California |
X |
X |
|
|
|
|
Connecticut |
X |
X |
|
|
|
|
Delaware‡ |
X |
X |
|
Lethal fetal anomaly |
|
|
Hawaii |
X |
X |
|
|
|
|
Illinois |
X |
X |
|
|
|
|
Maine |
X |
X |
|
|
|
|
Maryland |
X |
X |
|
Fetal anomaly |
|
|
Michigan |
X |
|
|
|
|
|
Minnesota |
X |
X |
|
|
|
|
Montana‡ |
X |
|
X |
|
|
|
New York |
X |
X |
|
|
|
|
Rhode Island |
X |
X |
|
|
|
|
Washington |
X |
X |
|
|
|
TOTAL IN EFFECT |
13 |
13 |
11 |
1 |
2 |
|
Third trimester |
Virginia‡ |
X |
X |
|
|
|
TOTAL IN EFFECT |
1 |
1 |
1 |
0 |
0 |
▼ Permanently enjoined by court order; law not in effect. Oklahoma's six-week ban was superseded by a total ban.
▽ Temporarily enjoined by court order; law not in effect. Louisiana’s six-week ban only goes into effect if Mississippi’s ban is allowed to take effect.
§ This exception typically permits an abortion when the individual suffers from a condition that risks “substantial and irreversible impairment” or “imminent peril” of a “major bodily function.”
z The rape and incest exceptions apply up to eight weeks of pregnancy for adults and up to 14 weeks for minors.
* Based on the assertion that a fetus can feel pain at 18 or 20 weeks postfertilization.
† State requires a second physician to attend an abortion that takes place after the state’s gestational age limit.
‡ State requires a second physician to approve an abortion if it will take place after the state’s gestational age limit. Kansas requires approval only for an abortion after viability.
Ɵ The one clinic in North Dakota has moved to another state. In Wisconsin, due to legal uncertainty around the status of the state's pre-Roe ban, providers have been forced to stop offering abortion care.
β State law defines pregnancy from the date of embryo implantation.