Know Your Rights With This List of Abortion Laws by State

The Supreme Court officially overturned Roe v. Wade, giving states the right to set their own abortion laws. These are the states where abortion is legal—and the states where abortion is restricted.

abortion laws
Photo: Illustration by Emma Darvick

In the landmark 1973 case of Roe v. Wade, the U.S. Supreme Court recognized a person's constitutional right to abortion but maintained that states could prohibit the procedure once the fetus reached viability—the point at which a fetus is capable of sustaining life outside the womb—if those policies met certain requirements. On June 24, 2022, the Supreme Court overturned Roe v. Wade in a 6–3 decision, paving the way for states to limit access to abortions—or outlaw it entirely.

Despite the bleak outlook for abortion rights around the country, there are still areas where abortion is legal and will likely remain legal. According to the Guttmacher Institute, which tracks abortion rights, policy, and statics in the U.S., there are 17 states including the District of Columbia where abortion rights are protected as of January 2023.

Read on to learn about the states with the best abortion access, and where all other states stand.

States Where Abortion Is Legal

The following states have codified the right to abortion throughout pregnancy without state interference:

  • Colorado
  • District of Columbia
  • New Jersey
  • Oregon
  • Vermont

These states protect the right to abortion prior to viability or to protect the life of the pregnant person:

  • California
  • Connecticut
  • Delaware
  • Hawaii
  • Illinois
  • Maine
  • Maryland
  • Massachusetts
  • Michigan
  • Nevada
  • New York
  • Rhode Island
  • Washington

Abortion Laws by State

With the fall of Roe, here's a look around the country to see where abortion rights stand, state-by-state as of January 2023. Given that many of these laws are quickly changing, it is important to note that you should always check with your state for any updates.

Alabama

Since Roe was overturned, Alabama has one of the most restrictive abortion laws in the country. Abortion is completely banned in the state with the limited exception of saving the life of the pregnant person. The state constitution excludes the right to abortion.

In addition, in 2021, Gov. Kay Ivey signed HB237, requiring providers to "preserve the life of a child who is born alive" following an abortion or attempted abortion, and granting the "same rights, powers, and privileges" granted "any other child born alive at any location in this state."

Alaska

Abortion remains legal at all stages of pregnancy in Alaska, and has since 1967. Only physicians can provide abortions and Medicaid covers abortion in the state. In 2017 and then again in 2019, Republican-led legislators attempted to ban abortion in Alaska, but they were not successful.

Arizona

Abortion in Arizona is very restrictive, with a ban after 15 weeks gestation. In 2021, Gov. Doug Ducey signed SB1457, banning abortions sought solely due to genetic abnormalities. The bill further bans mail delivery of abortion-inducing medication and restricts organizations that provide abortion care from receiving state funds.

In addition, Medicaid does not cover abortion, minors must obtain parental permission, and people must make two trips for abortion care: One for counseling, and another for the abortion at least 24 hours later.

Arkansas

Before Roe was overturned, abortion was legal in Arkansas up to 22 weeks gestation. However, post-Roe, abortion is completely banned with very limited exceptions for the life of the pregnant person. This ban occurred due to a "trigger law," which is a law on the books that was unenforceable during the time that Roe v. Wade was the law of the land. Now that it's not, those laws are "triggered" into effect.

In 2021, Gov. Asa Hutchinson signed SB6, the Arkansas Unborn Child Protection Act. This is the law that was triggered into effect to ban abortion in the state. Before Roe was overturned, the law was found to be unconstitutional and was blocked by a federal judge.

California

Abortion is legal up to fetal viability (24–26 weeks). Medicaid covers abortion and private health insurance plans in the state are also required to cover the procedure. In November 2022, California voters approved Prop 1, which added abortion and contraception rights to the state constitution.

Colorado

In 2022, Colorado passed HB 22-1279 codifying a citizen's right to an abortion throughout a pregnancy. Medicaid covers abortions in some circumstances. Minors must obtain parental consent for an abortion in the state.

Connecticut

Abortion is legal up to fetal viability (24–26 weeks) and Medicaid covers abortion care. In 2022, HB 5414 was signed into law, which protects citizens and organizations in Connecticut when they are sued by other states for aiding a person in getting an abortion. HB 5414 allows for these people and organizations to counter-sue for damages.

Delaware

Delaware allows abortion through fetal viability (24–26 weeks). Medicaid coverage is banned, and minors must obtain parental consent. Delaware state law includes protections for abortion care.

Florida

In 2022, Florida signed into law HB 5, which restricts abortions after 15 weeks and has no exceptions for rape, incest, or human trafficking. Those seeking an abortion must make two trips: One for counseling, another for the abortion 24 hours later. Minors require parental consent.

Georgia

Abortion is banned in Georgia at 6 weeks. In 2019, Georgia Gov. Brian Kemp signed a "heartbeat bill" into law banning abortions after fetal cardiac activity can be detected—as early as six weeks into a pregnancy. The law was challenged but went into effect after Roe was overturned. People are required to wait 24 hours after counseling to obtain an abortion. In addition, Medicaid does not cover abortion, and minors must obtain parental consent.

Hawaii

Abortion is legal up to fetal viability in Hawaii (24–26 weeks). In 2021, Gov. David Ige signed HB576, allowing some nurses and qualified medical professionals to perform abortions. Medicaid covers abortion.

Idaho

Abortion is completely banned in Idaho following the fall of Roe due to a trigger ban. In 2021, Gov. Brad Little signed HB366, mandating that physicians check for a fetal cardiac activity, and banning abortion if a cardiac activity is detected, except in the case of a medical emergency. The Idaho supreme court will evaluate the constitutionality of the ban. In addition, Medicaid does not cover abortion and minors must obtain parental consent.

Illinois

Illinois abortion laws allow for the procedure up to fetal viability (24–26 weeks), and Medicaid covers abortion. In 2022, the Parental Notice of Abortion Act (PNA) was repealed and replaced by the Youth Health and Safety Act, which affirms the rights of minors to reproductive health decisions without notifying an adult family member.

Indiana

In 2023, abortion is legal in Indiana up to 22 weeks, but with many restrictions including required state-directed counseling to discourage abortion, an 18-hour waiting period, bans on insurance coverage except in the case of rape, incest, or the pregnant person's life is in danger. In addition, minors must have parental permission, and the pregnant person is required to have an ultrasound.

Shortly after Roe was overturned, Indiana's Republican-majority legislature passed a bill that would ban abortion in the state. The ban only allows exceptions prior to 10 weeks in cases of rape or incest, to protect the life and health of the pregnant person, or in cases of a lethal fetal anomaly. The bill is on hold as the state Supreme Court evaluates the constitutionality of the law.

Iowa

Abortion is currently legal in Iowa up to 22 weeks gestation but the state is likely to try to further prohibit abortion. In 2018, the Iowa Supreme Court held that the state constitution protected the right to abortion but in 2022, the Court overruled itself and held that the right to abortion is not protected under Iowa's constitution.

Currently, the waiting period for abortion care is 24 hours. In addition, Medicaid doesn't cover abortion, minors must obtain parental consent, and people seeking an abortion must go through mandatory counseling and ultrasound.

Kansas

In 2023, abortion is legal for up to 22 weeks, but it includes many restrictions including a 24-hour waiting period and required state-directed counseling to discourage abortion. In addition, minors must have parental permission, and Medicaid and private insurance are banned from covering abortion.

In August 2022, voters denied a constitutional amendment that would have denied the right to an abortion in the state.

Kentucky

Abortion is completely banned in Kentucky due to a trigger law that went into effect after the fall of Roe. Now, the only exceptions are for life-threatening health complications to the pregnant person.

In 2021, the state legislature enacted SB9, requiring physicians to "give medically appropriate and reasonable life-saving and life-sustaining medical care and treatment to all born-alive infants," including preserving the life of a fetus delivered alive after an abortion. Lawmakers further enacted measure HB2, granting the state's attorney general greater authority over abortion clinics that violate state laws.

As in Kansas, the legislature also approved measure HB91, which would amend the state's constitution by asserting that there is no constitutional right to abortion or required government abortion funding. In November 2022, however, Kentucky voters rejected the measure.

Louisiana

Abortion is now completely banned in Louisiana with limited exceptions to save a pregnant person's life or if a fetus will not survive birth. The ban includes civil and criminal penalties.

In 2021, Gov. John Bel Edwards signed HB578, requiring providers to inform patients about the potential for a medication-induced abortion "reversal." (According to the American College of Obstetricians and Gynecologists, medication abortion "reversal" is not based on science and does not meet clinical standards.)

Edwards also signed HB357, which amends the state's judicial bypass system for minors, and requires that minors only petition a judge for an abortion without a parent's consent within their own local jurisdiction rather than in the areas of the state where abortion clinics are located.

According to the Center for Reproductive Rights, as of 2023, there are only three clinics that provide abortion in Louisiana and 94% of counties have no abortion clinics.

Maine

Abortion is legal up to fetal viability (24–26 weeks) in Maine where state law includes several protections for abortion rights. Medicaid covers abortion and private insurance is required to cover abortion.

Maryland

Abortion is legal up to fetal viability (24–26 weeks). In 2022, Maryland passed the Abortion Care Access Act or HB 937, which provides funding and access to reproductive care including prevention, abortion, and other services. In addition, Medicaid covers abortion and private insurance is required to cover abortion in the state. Minors must obtain parental consent.

There was a push to place an amendment to the state constitution, codifying the right to abortion, but that bill stalled in committee. Likewise, a push to repeal this act as a ballot measure failed to get enough signatures.

Massachusetts

Abortion is legal up to the 24th week of pregnancy, with exceptions made for cases of maternal life and health. The Massachusetts Supreme Court has recognized the right to abortion under the state’s constitution.

Medicaid covers abortion and private insurance is required to cover abortion. Parental consent is required for minors younger than 16.

Michigan

Abortion is legal in Michigan up to fetal viability (24–26 weeks) following a mandatory 24-hour waiting period. The state bans Medicaid and private insurance coverage of abortions. Parental consent is required for minors.

In 2022, a Michigan judge blocked an old 1931 law that would have made abortion illegal in Michigan when Roe was overturned. In November 2022, Michigan voters approved a constitutional amendment to enshrine abortion rights into the state constitution.

Minnesota

Abortion is legal up to fetal viability (24-26 weeks). The state formerly had numerous restrictions including required state-directed counseling, parental notification, and a 24-hour wait period; however, these restrictions were all permanently blocked by the state's highest court in July 2022, which recognized abortion as a right in the state's constitution.

On June 25, 2022, Gov. Tim Walz signed an emergency executive order protecting access to reproductive health care, including abortion, and prohibiting civil or criminal penalties for abortion in Minnesota. In addition, the order provides protection from extradition of people who come to Minnesota for reproductive health care.

Mississippi

Abortion is completely banned in Mississippi. In July 2022, the last standing abortion clinic in the state—and the one at the center of the Supreme Court Case that overturned Roe v. Wade—closed. People in Mississippi seeking abortion will need to travel to another state.

In March 2019, Gov. Phil Bryant signed a "heartbeat bill" banning abortion once a fetal cardiac activity is detected. The law was immediately blocked in the courts and was challenged up to the Supreme Court in a lawsuit called Dobbs v. Jackson, which is the case that the Supreme Court ruled on to overturn Roe v. Wade.

Missouri

Prior to the overturning of Roe, abortion was legal in Missouri up to the 25th week of pregnancy. Now, however, abortion is completely banned except in cases of medical emergencies and when the life of the pregnant person is in danger.

Missouri's Governor Mike Parson signed a law in 2019 banning most abortions in the state after the eighth week of pregnancy, one of the strictest bans in the U.S. prior to the Dobbs decision. In June 2022, the Right to Life of the Unborn Child Act was "triggered" in Missouri superseding the 8-week ban.

Montana

Abortion is legal up to fetal viability (24–26 weeks). Medicaid covers abortion and parental consent is required for minors.

In 2021, Gov. Greg Gianforte signed into law three bills restricting abortion: HB136 bans abortion at 20 weeks, HB140 requires doctors to offer patients an opportunity to view an ultrasound and hear a fetal heartbeat before an abortion, and HB171 adds regulation to how medication-induced abortions can be administered, such as requiring that the drugs used in the procedure be provided by a qualified medical practitioner. All of these measures are temporarily blocked by courts.

According to the Kaiser Family Foundation, such measures seek to block the use of telemedicine for prescribing abortion-inducing medication, a practice that became widespread during the pandemic.

Nebraska

In 2023, abortion is legal up to 22 weeks gestation, but not without a long list of harsh restrictions that include state-directed counseling, a 24-hour waiting period, bans on Medicaid and private insurance coverage, and burdensome requirements on clinics that provide abortion services. In addition, minors must receive consent from parents.

Nevada

In Nevada, abortion is legal within the first 24 weeks of pregnancy. After 24 weeks, abortion in the state is legal if the pregnant person's life or health is in danger. Medicaid does not cover abortion.

In 2019, Gov. Sisolak signed the Trust Nevada Women Act—which decriminalized medication abortion and eliminated informed consent requirements that acted as barriers to restrict access to abortion.

In June 2022, Nevada's Gov. Steve Sisolak issued an executive order protecting people seeking abortions in Nevada from out-of-state and declining extradition requests.

New Hampshire

Abortion is legal for up to 24 weeks. Medicaid does not cover abortion, people seeking abortion care must have a mandatory ultrasound, and parental consent is required for minors.

New Jersey

In New Jersey, abortion is not restricted based on gestational age. Medicaid covers abortion. In 2022, Gov. Phil Murphy signed the Freedom of Reproductive Choice Act into law, enacting statutory protection for abortion as a fundamental right.

New Mexico

New Mexico does not have gestational age abortion restrictions. In 2021, Gov. Michelle Lujan Grisham approved measure SB10, repealing abortion restrictions in the state that previously predated Roe v. Wade, including criminal penalties for certain abortions. Medicaid covers abortions in the state.

New York

In New York, abortion is legal until fetal viability (24–26 weeks) with some exceptions. Medicaid covers abortion and private insurance is required to cover abortion. In 2019, New York enacted statutory protections for abortion as a fundamental right and expanded access to abortion care in the state.

North Carolina

Abortion in North Carolina is legal for up to 20 weeks. A pregnant person seeking abortion care must receive state-directed counseling that includes information designed to discourage them from having an abortion, and then wait for 72 hours before the procedure is provided; they must also undergo an ultrasound before obtaining an abortion, and the provider must offer them the option to view the image. The parent of a minor must consent before an abortion.

North Dakota

Prior to the Supreme Court's decision to overturn Roe, abortion in North Dakota was legal up to 22 weeks gestation. However, a trigger law could ban abortion outright in the state. The sole abortion clinic left in the state is fighting the ban, and the ban is currently blocked by a court ruling.

A pregnant person must receive state-directed counseling that includes information designed to discourage them from having an abortion, and then wait 24 hours before the procedure is provided. The parents of a minor must consent before an abortion.

Ohio

Currently, Ohio allows abortions for up to 22 weeks of gestation. People seeking an abortion must wait 24 hours after in-person counseling. Medicaid does not cover abortion and minors must receive parental consent.

In 2021, Gov. Mike DeWine signed measure SB260, prohibiting the use of telemedicine for medication-induced abortions and requiring patients to take an initial dose of any drug in the presence of a physician. DeWine also signed a two-year budget, which included a provision that allows providers to refuse to perform health care services on the basis of religious beliefs, among other abortion-related restrictions.

Oklahoma

Following the Supreme Court's decision to overturn Roe v. Wade, Oklahoma enacted a trigger law, banning abortion. The only exceptions are for saving the life of a pregnant person or if the pregnancy is the result of a rape or incest that was reported to authorities.

In 2021, Gov. Kevin Stitt signed a bill to immediately outlaw abortion if the U.S. Supreme Court were to overturn Roe v. Wade, widely known as a "trigger" bill. Stitt additionally signed three abortion restrictions into law.

HB2441 requires physicians to check for fetal cardiac activity, banning abortions if cardiac activity is detected except in the case of physical risks for the pregnant person. HB1102 bans providers from performing abortions outside of medical emergencies and threatens a one-year medical license revocation for those who violate the law. Finally, HB1904 requires that all abortions be administered by providers who are board-certified in obstetrics and gynecology.

Oregon

Oregon protects the right to abortion through state law. There are no restrictions on abortion based on gestational age. Medicaid covers abortion and private health insurance is required to cover it.

Pennsylvania

Abortion is legal in Pennsylvania up to the 24th week of gestation, although the patient must receive state-directed counseling and wait 24 hours before the procedure is provided. Medicaid does not cover abortion and minors must receive parental consent.

Rhode Island

Abortion is legal in Rhode Island up to fetal viability (24–26 weeks). Medicaid does not cover abortion, and minors must obtain parental consent.

In 2019, Rhode Island codified the legal right to abortion into law by passing the Reproductive Privacy Act.

South Carolina

Abortion is legal up to 22 weeks in South Carolina for now. There is a 24-hour waiting period after counseling, and there are bans on telehealth for medication abortion. Medicaid does not cover abortion. Minors must obtain parental consent.

In 2021, Gov. Henry McMaster signed into effect SB1, a ban on abortion when fetal cardiac activity is detectable. The bill makes exceptions for the pregnant person's life or in the case of rape or incest when fewer than 20 weeks gestation. The measure is temporarily blocked by the state supreme court.

In August 2022, the state house took it even further and passed a total abortion ban. This law must still go through the state senate.

South Dakota

As a result of a trigger law, abortion is banned in South Dakota except to save the life of the pregnant person. In 2022, Gov. Kristi Noem also signed HB 1318 into law, which severely restricts access to medication abortion, forcing a pregnant person to make three separate trips to a doctor to obtain abortion pills. Medicaid does not cover abortion and minors must have parental consent.

Tennessee

Abortion is completely banned in Tennessee as a result of a trigger law following Roe's overturn. In addition, the state's constitution expressly excludes the right to abortion. Tennessee's so-called "Heartbeat Law" went into effect after the Supreme Court's decision, which makes abortion illegal as early as six weeks, when cardiac activity may be detected.

Texas

Abortion is completely banned in Texas except to save the life of the pregnant person. There are no exceptions for rape or incest. This is due to a trigger law—HB1280— that immediately outlawed abortion with the Supreme Court overturning Roe v. Wade.

Prior to that, in 2021, Gov. Greg Abbott signed SB8, a so-called "fetal heartbeat" bill, banning abortion as early as six weeks. The bill calls on private citizens to sue people who aid a pregnant person in getting an abortion, which can include everyone from medical providers to ride-share drivers to those who gave the pregnant person financial assistance for the procedure. The bill went into effect in late 2021, resulting in what the Guttmacher Institute reported as a "14-fold increase in driving distance" for Texas residents to obtain an abortion.

Utah

Abortion is currently legal up to 18 weeks. However, Utah has a trigger law—SB174—which bans all abortions except in cases of rape, incest, or medical emergency. The law is being challenged in court, and the courts have issued a preliminary injunction, allowing abortion to remain legal until litigation concludes.

Vermont

Vermont has no legal restrictions on abortion. Medicaid covers abortion and qualified health care providers besides doctors can perform abortions. In November 2022, voters approved Proposal 5, which enshrines reproductive freedom in the Vermont constitution.

Virginia

Abortion is legal in Virginia for up to 25 weeks. Post-viability, the procedure can be performed if the pregnancy threatens the life of the pregnant person. Medicaid does not cover abortions and minors must obtain parental consent.

In 2021, Gov. Ralph Northam signed measure SB1276/HB1896, which lifted the state's abortion coverage ban within some state health insurance plans, and took effect later in that same year.

Washington

Abortion in Washington State is legal up to 25 weeks gestation. Medicaid covers abortion and private insurance plans are required to cover it in the state.

In 2021, Gov. Jay Inslee signed HB1009, requiring that college student health plan coverage includes maternity care to "also provide a covered person with substantially equivalent coverage to permit the abortion of a pregnancy."

West Virginia

Prior to the overturn of Roe v. Wade, abortion was legal up to 20 weeks. However, following the Supreme Court decision, abortion in West Virginia is completely banned with very strict exceptions. People pregnant as the result of rape or incest may obtain abortions up to eight weeks, but only if they report the crime to law enforcement first. Minors who were raped or victims of incest have up to 14 weeks and must report to a physician or law enforcement first. Abortion is also allowed in medical emergencies.

In 2021, Gov. Jim Justice signed HB2982, which calls for counseling about the possibility of "reversing" a medication-induced abortion, a concept that is not based in science.

Wisconsin

Wisconsin's pre-Roe abortion ban is ambiguously worded and confusing, making performing an abortion a class H felony in almost all circumstances. As such, people are directed to neighboring Illinois for abortion care.

Prior to the ban, lawmakers introduced a so-called "born alive" bill addressing an extremely rare occurrence in which a baby is born alive during a failed abortion attempt. Under the bill, abortion providers would be required to care for babies that survive an abortion. Failure to do so would be a felony punishable by up to six years in prison and health care providers could face life in prison. During the 2021/2022 legislative session, Republicans tried and failed to pass a "heartbeat bill" modeled after Texas' SB8.

Wyoming

Wyoming has a trigger law—HB0092—banning abortion except in cases of rape, incest, or to save the life of the pregnant person. Violation of the ban would result in a felony punishable by up to 14 years in prison. While the ban went into effect in July 2022, it is currently suspended while it is being challenged in court. As such, abortion remains legal through fetal viability (24–26 weeks). Medicaid coverage is prohibited and minors must obtain parental consent.

In 2021, Gov. Mark Gordon signed the Born Alive Infant-Means of Care bill, which requires physicians and providers to treat any "viable infant aborted alive" with the same care as any other infant born alive.

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