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Abortion

What abortion looks like in every state — right now

By Jasmine Mithani, Shefali Luthra, Abby Johnston

Published Updated
2022-05-25 12:00
12:00
May 25, 2022
pm
2022-06-29 12:33:07.000000
America/Chicago

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With Roe v. Wade overturned by the Supreme Court, each state has the right to control its level of access to abortion — or ban it completely. Legal chaos has erupted: Though many state legislatures are not in session, courts and state executives are sorting through trigger laws and abortion bans put in place before Roe. The number of states where abortion is legal changes by the day. 

The 19th created this dashboard to centralize updates on the status of abortion rights in each state in this moment. The legal landscape is changing quickly and we are trying to keep up. Submit tips, updates or corrections via this form.

Scroll down to read quick-fire updates, a state-by-state breakdown of abortion rights and a glossary of common terms.

Latest news

  • Planned Parenthood and the ACLU have filed a lawsuit in the Ohio Supreme Court challenging the state’s six-week abortion ban, which has been in effect since Friday. The lawsuit argues that the ban violates Ohio’s state constitution.
  • A Florida judge said he will rule on Thursday over whether to temporarily block the state’s 15-week abortion ban. The ban is set to take effect Friday. Abortion providers in the state have argued the law violates privacy protections in the state constitution that have previously been interpreted to guarantee abortion rights. With Roe v. Wade overturned, Florida is expected to become a major access point for people in the South who seek abortions.

What abortion looks like by state

Abortion codified in state legislation Abortion codified in state legislation
Abortion protected by state court ruling Abortion protected by state court ruling
No state-specific legal basis for the right to abortion No state-specific legal basis for the right to abortion
Trigger law banning abortion Trigger law banning abortion
There are additional laws restricting abortion that are not in effect There are additional laws restricting abortion that are not in effect
Abortion banned in state Abortion is banned in this state

Find a glossary of key terms below.

Unless otherwise stated, abortion bans have exceptions in cases of rape, incest or when the pregnant person’s life is in danger. The evidence required to prove circumstances varies by state, and in many cases it is difficult to obtain an abortion under those exceptions.

Abortion is illegal. In 2018, voters amended the state constitution to say abortion rights are not protected in the state.

Abortion is legal at all stages of pregnancy. People seeking an abortion must undergo mandatory counseling. In 1997, the Alaska Supreme Court found that its constitution protected the right to an abortion.

A ban on D&X procedures has been enjoined since 1998, and a law requiring parental notification of a minor’s abortion was found unconstitutional and is not enforceable.

The legality of abortion is unclear. The state has a pre-Roe total abortion ban that some argue takes precedent over a 15-week ban slated to go into effect later this summer. People seeking an abortion in Arizona must wait 24 hours before getting the procedure, and must undergo mandatory counseling and an ultrasound. D&X procedures are banned, and abortions cannot be performed for reasons of race or sex. Legislation banning abortion after 20 weeks has been enjoined since 2013. A law banning abortions because of genetic anomalies has been temporarily enjoined.

Abortion is illegal. There are no exceptions for rape or incest. In 1988, Arkansas passed a constitutional amendment saying state policy is to “protect the life of every unborn child … to the extent permitted by the Federal Constitution.”

Abortion is legal up to fetal viability. In 1969, California courts ruled protecting the right to abortion. Legislation passed in 1995, 2002, 2003 and 2013 has codified the right to reproductive choice and explicitly broadened the definition to include birth control.

A law requiring a parent or guardian’s consent for minors seeking abortion care has been enjoined since 1997.

Abortion is legal in all stages of pregnancy. In 2022, Colorado passed legislation protecting the right to abortion.

Abortion is legal up to fetal viability. In 1990, Connecticut passed legislation protecting the right to abortion. Additionally, in 2014, a court ruled that the decision to have an abortion can only be made by the person who is pregnant. The state passed legislation, effective July 1, 2022, intended to protect people who travel from out of state to seek care, as well as the clinicians who provide them abortions.

Read more: 

  • Blue states have passed laws to shore up abortion access, but it may not be enough to address potential surge

Abortion is legal up to fetal viability. In 2017, the state legislature repealed its pre-Roe ban and passed a law specifically protecting the right to abortion.

Abortion is legal up to fetal viability. In 2020, D.C. amended previous legislation to protect the right to abortion.

Abortion is legal up to fetal viability. A 15-week ban passed in 2022 is set to go into effect July 1. People seeking an abortion must wait 24 hours before getting the procedure, and must undergo mandatory counseling and an ultrasound. A 1989 ruling by the Florida Supreme Court found that the state constitution guaranteed the right to an abortion.

Bans on D&E and D&X procedures were permanently enjoined by a court ruling in 1998.

Abortion is legal up to 22 weeks after the last menstrual period. Legislation banning abortion after six weeks has been enjoined since 2019 and may go into effect soon as the state awaits a court decision. Georgia has a pre-Roe total abortion ban that has not been repealed, but was struck down in part by a different 1973 case separate from Roe v. Wade. must wait 24 hours before getting the procedure, and must undergo mandatory counseling. The state has a method ban on D&X procedures.

Abortion is legal up until fetal viability in Hawaii. In 1970, Hawaii passed legislation protecting the right to abortion.

Abortion is legal up until fetal viability. Due to Idaho’s trigger law, abortion will become illegal 30 days after the Supreme Court issues a judgment repealing Roe v. Wade, which is expected a month after the opinion. People seeking an abortion must wait 24 hours before getting the procedure, and must undergo mandatory counseling. Legislation banning abortion at 22 weeks after the last menstrual period has been enjoined since 2013. Legislation banning abortion after six weeks, based on Texas’ 2021 ban, has been enjoined since May 2022. Legislation banning D&X procedures has been enjoined since 1999.

Read more: 

  • Idaho is the second state to ban abortion after six weeks

Abortion is legal up until fetal viability. In 2019, Illinois passed legislation protecting the right to abortion. The state Supreme Court also found that its constitution guarantees the right to abortion. A state law bans abortions performed for reasons of sex selection after fetal viability.

A pre-viability sex selection ban has been permanently enjoined since 1993.

Read more: 

  • Blue states have passed laws to shore up abortion access, but it may not be enough to address potential surge

Abortion is legal up to 22 weeks after the last menstrual period. People seeking an abortion in Indiana must wait 18 hours before getting the procedure, and must undergo mandatory counseling and an ultrasound. The state has banned D&X procedures.

A ban on D&E procedures has been enjoined since 2019. Bans on abortions for reasons of sex selection, race or genetic anomalies have been permanently enjoined.

Abortion is legal up to 22 weeks after the last menstrual period. People seeking an abortion must wait 18 hours before getting the procedure, and must undergo mandatory counseling and an ultrasound.

On June 17, the Iowa Supreme Court reversed its prior verdict asserting abortion is a protected right under the state constitution. A six-week abortion ban has been enjoined since 2019. A ban on D&X procedures has been enjoined since 1999. Legislation mandating a 24-hour waiting period has been enjoined since 2020. Legislation banning abortion providers from using telemedicine has been enjoined since 2015. It is likely that in the 2024 election Iowans will vote on an amendment to the state’s constitution removing the right to an abortion.

Abortion is legal up to 22 weeks after the last menstrual period. People seeking an abortion must wait 24 hours before getting the procedure and then undergo mandatory counseling. D&X procedures are banned, and abortions cannot be performed for reasons of sex selection.

In 2019, Kansas courts ruled that the state constitution protects the right to abortion. A ban on D&E procedures has been enjoined since 2021. Legislation banning abortion providers from using telemedicine has been enjoined since 2019. In August 2022, Kansans will vote on whether to amend the state’s constitution so that it does not secure the right to an abortion.

Read more: 

  • Kansas has become a beacon for abortion access. Next year, that could disappear.

Abortion is illegal. A trigger law that would ban all abortions if Roe v. Wade was overturned took effect immediately.  In November 2022, voters will weigh in on a constitutional amendment stating that the state constitution does not guarantee a right to abortions.

Read more: 

  • Kentucky is the first state to end virtually all in-state abortions

Abortion is legal up to 22 weeks after the last menstrual period. The state’s trigger ban has been blocked by a judge until at least July 8. People seeking an abortion must wait 24 hours before getting the procedure, and undergo mandatory counseling and an ultrasound. D&X procedures and providing medication abortions through telemedicine are prohibited.


In 2020, voters amended the constitution to state that it does not protect the right to an abortion.  A six-week and 15-week ban have both been enjoined. A law banning abortions because of genetic anomalies has been temporarily enjoined, as has a law prohibiting D&E procedures.

Read more: 

  • Abortions can continue in Louisiana and Utah for now after judges block trigger laws
  • Pushback on Louisiana’s scuttled abortion bill reveals a limit on how far anti-abortion groups are willing to go
  • Republican state lawmakers prepare to quickly limit abortion access if Roe v. Wade is overturned

Abortion is legal up until fetal viability. In 1993, Maine passed legislation protecting the right to abortion.

Abortion is legal up until fetal viability. In 1992, the state passed legislation protecting the right to abortion.

Abortion is legal up to 24 weeks after the last menstrual period. In 1981, Massachusetts courts ruled in favor of the right to abortion and in 2020 the state passed legislation protecting the right to abortion.

Abortion is legal up until fetal viability. Michigan has a pre-Roe total abortion ban that has been temporarily blocked pending a final state court ruling later this year. People seeking an abortion must wait 24 hours before getting the procedure and undergo mandatory counseling. D&X procedures are prohibited.

Abortion is legal up until fetal viability. People seeking an abortion must wait 24 hours before getting the procedure and undergo mandatory counseling. In 1995, the Minnesota Supreme Court ruled that the right to abortion is protected under the state’s constitution.

Abortion is legal up to 20 weeks from the last menstrual period. The state attorney general set the trigger law in motion on June 27, and the total abortion ban will go into effect 10 days later on July 7.

Abortion is illegal. A trigger law enacted in 2019 immediately banned abortion in the state.

Abortion is legal up until fetal viability. D&X procedures are prohibited. In 1999, the state Supreme Court found that the state constitution protects the right to abortion.

In 2021, Montana passed legislation further restricting abortion access — including a 24-hour waiting period, offering patients the opportunity for an ultrasound, mandatory counseling and banning care via telemedicine; all are currently enjoined.

Abortion is legal up to 20 weeks after the last menstrual period. People seeking an abortion must wait 24 hours before getting the procedure, and undergo mandatory counseling and an ultrasound one hour before the procedure. Nebraska does not allow medication abortions to be provided over telemedicine, and the state has a method ban on D&E procedures.

A ban on D&X procedures has been enjoined since 2000.

Abortion is legal up to 26 weeks after the last menstrual period. In 1990, Nevadans voted to codify the right to abortion in the state’s legal code. Legislation mandating parent or guardian notification of abortion by a minor has been enjoined since 1991. People who self-manage, or induce their own abortions outside the medical system, are criminalized.

Abortion is legal up to 24 weeks after the last menstrual periods. People seeking an abortion must undergo an ultrasound, and D&X procedures are prohibited. In 2018, voters approved an amendment to the state constitution codifying the right to personal privacy, and the Center for Reproductive Rights notes the possibility that the amendment could be applied to abortion rights in the future.

Abortion is legal at all stages of pregnancy. In 2022, New Jersey passed legislation protecting the right to abortion. Additionally, the state Supreme Court has asserted the right to reproductive choice.

A law banning D&X procedures is permanently enjoined, as is a law requiring parents be notified of a minor’s abortion.

Abortion is legal at all stages of pregnancy. D&X procedures are prohibited.

Abortion is legal up until fetal viability. In 2019, the state codified the right to an abortion. In May 2022, the state announced a $35 million fund to support abortion clinics.

Abortion is legal up until fetal viability. North Carolina has a pre-Roe ban on post-viability abortions that has not been repealed. People seeking an abortion must wait 72 hours before getting the procedure and undergo mandatory counseling. Abortions cannot be done for reasons of sex selection.

A 20-week ban has been enjoined since 2019.

Abortion is legal up to 22 weeks after the last menstrual period. The state’s trigger law will make abortion illegal on July 28, 30 days after certification by government officials. People seeking an abortion must wait 24 hours before getting the procedure and undergo mandatory counseling. North Dakota has method bans on D&E procedures and D&X procedures, and providers cannot use telemedicine for medication abortions. Abortions cannot be done for reasons of sex selection or genetic anomalies.

Abortion is legal up to six weeks after the last menstrual period. People seeking an abortion must wait 24 hours before getting the procedure and undergo mandatory counseling. Abortions based on Down syndrome are prohibited, as are D&X procedures. A ban on D&E procedures is enjoined.

Read more: 

  • Republican state lawmakers prepare to quickly limit abortion access if Roe v. Wade is overturned

Abortion is illegal. People who self-manage abortions — or induce their own abortions outside the medical system — are criminalized in Oklahoma.

Read more: 

  • Oklahoma becomes first state to end almost all abortion access
  • Many states are bracing for a post-Roe world. In Oklahoma, it’s practically arrived.
  • Oklahoma was key to abortion access for Texans. Now, the state could ban the procedure entirely.

Abortion is legal at all stages of pregnancy. Since 2017, Oregon has passed several pieces of legislation asserting the right to reproductive choice and expanding access to abortion care. The Oregon legislature approved the creation of a $15 million fund in March 2022 to support access to abortion in the state.

Abortion is legal up to 24 weeks after the last menstrual period. People seeking an abortion must wait 24 hours before getting the procedure and undergo mandatory counseling. Abortions cannot be done for reasons of sex selection.

Abortion is legal up until fetal viability. In 2019, the state codified the right to abortion.

Abortion is legal up to six weeks after the last menstrual period. People seeking an abortion must wait 24 hours before getting the procedure. D&X procedures are limited, as is telemedicine for medication abortion. People who self-manage, or induce their own abortions outside the medical system, are criminalized.

Abortion is illegal. A trigger ban that has been in place since 2005 went into effect immediately after the decision.

Abortion is legal up to six weeks after the last menstrual period. Due to the state’s trigger law, enacted in 2019, abortion will become illegal 30 days after the Supreme Court issues a judgment repealing Roe v. Wade, which is expected a month after the opinion. In 2014, Tennessee amended its constitution to explicitly state abortion is not protected by the state. People seeking an abortion must wait 48 hours before getting the procedure, and undergo mandatory counseling and an ultrasound. Abortions through telemedicine or D&X procedures are prohibited and cannot be performed for reasons of sex selection, race or genetic anomalies.

Abortion is legal up to six weeks after the last menstrual period. Due to the state’s trigger law, which passed in 2021, abortion will become illegal 30 days after the Supreme Court issues a judgment repealing Roe v. Wade, which is expected a month after the opinion. Texas has a pre-Roe ban on abortion that has been temporarily blocked by a judge, and it is unclear whether that will be enforced in the future. People seeking an abortion must wait 24 hours before getting the procedure, and undergo mandatory counseling and an ultrasound. D&X and D&E procedures are prohibited, as is providing medication abortions through telemedicine.

Read more: 

  • 67 abortions in 17 hours: Inside a Texas clinic’s race to beat new six-week abortion ban
  • Texas’ six-week abortion ban could create abortion vigilantes
  • After new law, a look inside one of South Texas’ last abortion clinics

Abortion is legal up to fetal viability. Utah’s abortion ban has been blocked by a judge until July 11. People seeking an abortion must wait 72 hours before getting the procedure and undergo mandatory counseling. Utah prohibits D&X procedures. Abortions can’t be performed because of a fetal diagnosis of Down syndrome. A total ban on abortions has been permanently enjoined, and an 18-week ban has been preliminarily enjoined. Utah prohibits D&X procedures.

Read more: 

  • Abortions can continue in Louisiana and Utah for now after judges block trigger laws

Abortion is legal at all stages of pregnancy.  In 2019, Vermont passed legislation protecting the right to abortion.

Abortion is legal up to the third trimester (until 28 weeks after the last menstrual period). D&X procedures are prohibited.

Abortion is legal up until fetal viability. In 1991, the state voted to codify the right to abortion.

Abortion is legal up to 22 weeks after the last menstrual period. A pre-Roe abortion is still on the books in West Virginia, and it is unclear whether it is in effect. People seeking an abortion must wait 24 hours before getting the procedure and undergo mandatory counseling. The state has a ban on D&E procedures, and the use of telemedicine for medication abortions is prohibited.

In 2018, the state amended its constitution so it does not explicitly protect abortion rights. In 2022, the state passed a law banning abortions because of genetic anomalies. A ban on D&X procedures was permanently enjoined.

Abortion is legal up to 22 weeks after the last menstrual period. Wisconsin has a pre-Roe ban on feticide which could potentially be applied to abortions. People seeking an abortion must wait 24 hours before getting the procedure, and undergo mandatory counseling and an ultrasound. Telemedicine for medication abortions is prohibited and a ban on D&X procedures is still in place.

Abortion is legal up until fetal viability, but not for long. Due to the state’s trigger law, a near total abortion ban goes into effect five days after certification from the governor and state attorney. There has been no comment on a timeline for certification. That ban was passed in 2022.

Glossary

Codify: Passing either a law or a constitutional amendment that explicitly protects a certain right. 

Dilation and evacuation (D&E): A surgical procedure to remove tissue from the uterus via aspiration. It is the most common type of surgical abortion after 12 weeks due to its low risk for complication.

Dilation and extraction (D&X): A surgical procedure that removes a fetus from a uterus after 20 weeks. It is an uncommon method for abortion, even after 20 weeks, and there is no data on how often this technique is used for this purpose. Anti-abortion advocates often refer to these as “partial-birth abortions,” a term coined by the National Right to Life Committee that has no medical meaning

Enjoin: Blocking something from going into effect with judicial order (specific to laws), therefore making it unenforceable. Since the basis for many injunctions against abortion restrictions was the precedent set by Roe v. Wade, it is unclear what will happen to enjoined laws when it is overturned.

Fetal viability: Medical term used to describe the point at which a fetus can survive outside of a womb. The point varies in each pregnancy, and is usually reached between 22 to 25 weeks.

Mandatory counseling: State-directed information that must be given to patients before they seek abortions. Many state counseling requirements compel abortion providers to give patients inaccurate information, for instance telling patients that they may face a post-traumatic condition called “post abortion stress syndrome,” that there are links with breast cancer or infertility, or that certain kinds of abortions can be “reversed.” None of these things are true.

Medication abortion: A two-pill regimen of misoprostol and mifepristone that can be used to terminate a pregnancy. Medication abortions are approved by the Food & Drug Administration for use up to 10 weeks of pregnancy; some providers, citing newer evidence, will offer them up to 12 weeks. The FDA has approved medication abortion for use through telemedicine, meaning medical providers can consult with patients over the phone or virtually, and then mail the pills for patients to self-administer from home. 

Pre-Roe ban: A law banning abortion that was passed before Roe v. Wade took effect and has never since been repealed. These laws have not been enforced since 1973, but could take effect if the Supreme Court case is overturned.

Reason ban: Prohibits abortions that are sought due to some trait of the fetus. Most of these laws address sex, race, disability status or genetic anomaly. It is not always clear how these bills are enforced, since patients are not compelled to explain why they may seek an abortion. Critics note that they can result in doctors interrogating patients about their abortion. 

Trigger laws: Laws passed by state legislatures that ban abortion in the case that Roe is overturned. The laws vary, dictating when, exactly, they go into effect after Roe is overruled or who needs to authorize it. For example, Wyoming’s law states it goes into effect five days after the repeal of Roe v. Wade.

Waiting period: A requirement that patients have two appointments to receive an abortion, separated by a set number of hours. Some states allow the first appointment to be over the phone. In others, people only in rural areas can do the first appointment virtually. And in still others, the waiting period ultimately requires patients make two visits to the abortion clinic. Particularly in states with limited access, waiting periods can make abortions more expensive or difficult to obtain, or push someone over a gestational limit.

More abortion coverage

  • Illustrated icons including birth control pills, IUDs, a condoms, pharmacy prescription notes, a health app on a cell phone and a blood sample in a small vial.
  • With abortion rights in limbo, conservative lawmakers are eyeing restrictions on IUDs and Plan B
  • Illustration of a person walking across a pill looking back towards the groove in the middle of the pill.
  • Medication abortion is recognized as safe — even without a doctor — but do enough people know about it?
  • Scientist looking into a microscope injecting human sperm into a human egg cell using a technique known as intracytoplasmic sperm injection.
  • The 19th Explains: How would overturning Roe v. Wade affect IVF?

What we're tracking

On this page, we will track current restrictions on when someone can get an abortion, how, and what other requirements adult patients might face. We will track enjoined laws to give a better picture of which restrictions can legally be enforced. 

At this time we aren’t updating this page with restrictions on clinics or historical moves states have taken to expand access. We also haven’t included information on the restrictions minors seeking abortions face. More detailed information on each state’s specific laws can be found in the sources consulted for each state’s blurb. We pulled much of this information about abortion laws from the Guttmacher Institute and Center for Reproductive Rights, in addition to cited news coverage or state legal codes.

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Up Next

Illustrated icons including birth control pills, IUDs, a condoms, pharmacy prescription notes, a health app on a cell phone and a blood sample in a small vial.

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With abortion rights in limbo, conservative lawmakers are eyeing restrictions on IUDs and Plan B

Contraceptive restrictions would almost certainly face legal challenges. But the Supreme Court has already laid the groundwork for states to restrict access.

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