Abortion Laws by State: Guide to Abortion Access and Restrictions

For nearly 50 years, Roe v. Wade (1973) established the constitutional right to abortion in the United States. This changed in 2022 following the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, which overturned Roe, leaving abortion regulation to individual states.

With access to abortion varying widely by state in the post-Dobbs era, it’s important to be aware of your rights and the abortion laws in your state. If you have questions about your reproductive health or data privacy rights, talk to a healthcare attorney in your area.

The Constitutional Right to Abortion Under Roe v. Wade

In 1973, the U.S. Supreme Court ruled in Roe v. Wade that unduly restrictive state regulation of abortion was illegal. The Court reasoned that the right to privacy was implicit in the liberty guarantee of the Fourteenth Amendment’s Due Process Clause, and held that a set of Texas statutes criminalizing abortion violated this constitutional right to privacy in most instances.

Although the Court disagreed that there was an absolute right to terminate pregnancy at any time and in any way, it attempted to balance the right to privacy with the state’s compelling interests in protecting the health of pregnant women and the potentiality of human life.

Roe‘s Trimester Framework

The Court developed a trimester framework for evaluating whether an abortion was legal, dividing pregnancy into three stages, each with varying levels of state regulation. The Court reasoned that this approach balanced a woman’s right to choose with the state’s interest in protecting potential life:

• First trimester. The state could not intervene in a person’s decision to have an abortion under normal circumstances.
• Second trimester. The state could regulate abortion procedures in ways reasonably related to protecting the health of pregnant women in medical emergencies, but it could not prohibit abortions.
• Third trimester. The court identified the end of the second trimester as the starting point of viability. States could regulate or prohibit abortions entirely, depending on the mother’s health or to preserve fetal viability.

The state could not criminalize abortions that were necessary to protect the life or health of the mother.

Abortion Access During the Roe Era

In the years following Roe, repeated challenges narrowed the decision’s scope for reproductive rights.

For example, the U.S. Supreme Court ruling in Planned Parenthood of Southeastern Pennsylvania v. Casey (1992) established that restrictions on abortion were unconstitutional if they placed an “undue burden” on a person seeking an abortion before the fetus is viable.

Despite challenges to Roe, it protected the constitutional right to abortion for almost 50 years.

Overturning Roe v. Wade and the Constitutional Right to Abortion

Dobbs v. Jackson Women’s Health Organization (2022) overturned Roe, ending the constitutional right to abortion and leaving abortion regulation to individual states.

The question the U.S. Supreme Court considered in Dobbs was whether bans on all pre-viability abortions are unconstitutional. At issue was the constitutionality of Mississippi’s Gestational Age Act, a law banning most abortions after 15 weeks of pregnancy with exceptions for medical emergencies and fetal abnormalities.

The Court upheld the Mississippi law, ruling 6-3 that there is no constitutional right to abortion. Samuel Alito, who authored the opinion, said the Court was returning decisions about abortion regulation “to the people and their elected representatives.”

The Dobbs decision means that the right to abortion is no longer considered a “fundamental right.” Individual states may regulate abortion “for legitimate reasons,” and if those laws are challenged, they are entitled to “a strong presumption of validity.” Dobbs activated trigger laws in 21 states, either banning or significantly restricting abortion access.

Post-Dobbs Legal Landscape

In the wake of Dobbs, many state legislatures enacted new abortion restrictions or enforced pre-existing bans, while other states moved to protect access to abortion.

States’ approaches to abortion rights post-Dobbs include:

• Protecting abortion rights through statutes or constitutional amendments
• Passing new legislation or ballot measures to restrict abortion access
• Issuing executive orders or initiating administrative actions impacting abortion rights

State attorneys general have also taken action to either restrict or protect abortion access, including medication abortions.

In general, politically conservative attorneys general have taken actions such as restricting access to abortion pills, targeting shield laws, and supporting restrictions. Politically liberal attorneys general have moved to protect the digital privacy of people seeking abortion services, passed shield laws to block state agencies from cooperating with out-of-state investigations into legal abortions, and defended access to abortion care.

State-by-State Regulations

Today, abortion laws vary widely by state. Abortion is protected by more than half of the states and the District of Columbia. At the other end of the spectrum, abortion is being severely limited or prohibited.

The following table summarizes state abortion laws after Dobbs, including gestational limits, possible exceptions to abortion bans, and the legal basis of the state’s abortion regulation.

State	Legal Status / Gestational Limit	Possible Exceptions	State Statute or Authority
Alabama	Banned from conception	Life of the mother; lethal fetal anomaly	Ala. Code § 26-23H-4
Alaska	Legal (no limit)	N/A	Valley Hospital Association Inc. v. Mat-Su Coalition for Choice
Arizona	Legal until fetal viability	Life or health of the mother	Ariz. Const. Art. 2 § 8.1
Arkansas	Banned from conception	Life of the mother (medical emergency)	Ark. Code Ann. § 5-61-304
California	Legal until fetal viability	Life or health of the mother	Cal. Health & Safety Code § 123460
Colorado	Legal (no limit)	N/A	Colo. Rev. Stat. § 25-6-403
Connecticut	Legal until fetal viability	Life or health of the mother	Conn. Gen. Stat. § 19a-602
Delaware	Legal until fetal viability	Life or health of the mother; fetal anomaly	24 Del. Code § 1790
Florida	Restricted at 6 weeks	Life or health of the mother; reported rape or incest (to 15 weeks)	Fla. Stat. § 390.0111
Georgia	Restricted at 6 weeks	Life or health of the mother; reported rape or Incest (to 22 weeks)	O.C.G.A. § 16-12-141
Hawaii	Legal until fetal viability	Life or health of the mother	Haw. Rev. Stat. § 453-16
Idaho	Banned from conception	Life; reported rape or incest (1st trimester)	Idaho Code § 18-622
Illinois	Legal until fetal viability	Life or health of the mother	775 ILCS 55/1-15
Indiana	Banned from conception	Life or health of the mother; fetal anomaly; rape (to 12 weeks)	Ind. Code § 16-34-2-1
Iowa	Restricted at 6 weeks	Life of the mother; fetal anomaly; rape or incest	Iowa Code § 146E
Kansas	Legal until 22 weeks	Life or health of the mother	Kan. Stat. Ann. § 65-6703
Kentucky	Banned from conception	Life of the mother	Ky. Rev. Stat. § 311.772
Louisiana	Banned from conception	Life of the mother; lethal fetal anomaly	La. Rev. Stat. § 40:1061
Maine	Legal until fetal viability	Life or health of the mother	22 Me. Rev. Stat. § 1598
Maryland	Legal (no limit)	Life or health of the mother; fetal anomaly	Md. Const. Decl. of Rights Art. 48
Massachusetts	Legal until 24 weeks	Life or health of the mother; fetal anomaly	Mass. Gen. Laws ch. 112, § 12L
Michigan	Legal (no limit)	Life or health of the mother	Mich. Const. Art. I, § 28
Minnesota	Legal (no limit)	N/A	Minn. Stat. § 145.409
Mississippi	Banned from conception	Life of the mother; reported rape	Miss. Code Ann. § 41-41-45
Missouri	Legal until fetal viability	Life or health of the mother	Mo. Const. Art. I, § 36
Montana	Legal until fetal viability	Life or health of the mother	Mont. Const. Art. II, Part II, § 36
Nebraska	Restricted at 12 weeks	Life of the mother; rape or incest	Neb. Rev. Stat. § 28-3,106
Nevada	Legal until 24 weeks	Life or health of the mother	Nev. Rev. Stat. § 442.250
New Hampshire	Legal until 24 weeks	Life of the mother; fatal fetal anomaly	N.H. Rev. Stat. § 329:44
New Jersey	Legal (no limit)	N/A	N.J. Stat. Ann. § 10:7-2
New Mexico	Legal (no limit)	N/A	N.M. Stat. Ann. § 24-35-2
New York	Legal until 24 weeks	Life or health of the mother	N.Y. Pub. Health Law § 2599-bb
North Carolina	Restricted at 12 weeks	Life of the mother; fetal anomaly (24 weeks); rape (20 weeks)	N.C. Gen. Stat. § 90-21.81
North Dakota	Banned from conception	Life of the mother; rape or incest (to 6 weeks)	N.D. Cent. Code § 12.1-19.1
Ohio	Legal until 21 weeks, 6 days	Life or health of the mother	Ohio Const. Art. I, § 1.22
Oklahoma	Banned from conception	Life of the mother	21 Okla. Stat. § 861
Oregon	Legal (no limit)	N/A	Or. Rev. Stat. § 109.640
Pennsylvania	Legal until 24 weeks	Life of the mother	18 Pa. Cons. Stat. § 3211
Rhode Island	Legal until fetal viability	Life or health of the mother	R.I. Gen. Laws § 23-4.13-2
South Carolina	Restricted at 6 weeks	Life of the mother; fetal anomaly; reported rape or incest (to 12 weeks)	S.C. Code Ann. § 44-41-610
South Dakota	Banned from conception	Life of the mother	S.D. Codified Laws § 22-17-5.1
Tennessee	Banned from conception	Life of the mother; molar/ectopic pregnancy	Tenn. Code Ann. § 39-15-213
Texas	Banned from conception	Life of the mother or health for major bodily function	Tex. Health & Safety Code § 170A
Utah	Restricted at 18 weeks	Life or health of the mother; fetal anomaly; rape or incest	Utah Code Ann. § 76-7-302
Vermont	Legal (no limit)	N/A	18 Vt. Stat. Ann. § 9494
Virginia	Legal until 3rd trimester	Life or health of the mother (3rd trimester)	Va. Code Ann. § 18.2-74
Washington	Legal until fetal viability	Life or health of the mother	Wash. Rev. Code § 9.02.110
Washington, D.C.	Legal (no limit)	N/A	D.C. Code § 7-2086.1
West Virginia	Banned from conception	Life of the mother; fetal anomaly; reported rape (to 8 weeks or 14 weeks for minors)	W. Va. Code § 16-2R-3
Wisconsin	Legal until 20 weeks	Life or health of the mother	Wis. Stat. § 253.107
Wyoming	Legal until fetal viability	Life or health of the mother; rape or incest	Wyoming HB 0126 (6 week ban under temporary restraining order)

Access to abortion is one of the most dynamic and contested areas of law and varies widely by state. The information in the table above reflects the legal landscape in 2026, but could easily change. For the most up-to-date legal advice, speak with an attorney in your area.

Trends and Notable Developments

Millions of people live in states, mainly in the South and Midwest, where abortion access is illegal. People who live in these states must travel to receive abortion services. Practically, this means that many people are unable to access qualified providers at abortion clinics. These bans disproportionately impact people already facing barriers due to factors like race, income, age, or gender identity.

In other places, abortion services continue to be available. Under some state laws and policies, people have increased access to abortion providers through public funding, either through Medicaid or other mechanisms. Certain states require abortion to be included in private insurance coverage.

In states with stronger abortion policies, there is broader inclusion of health-care practitioners authorized to provide abortion care.

Legal Challenges and Court Decisions

Litigation across the U.S. is testing how far state constitutional amendments can go in protecting or restricting abortion access. Dozens of rulings have yielded varying results.

For example, what happens after a state passes a constitutional amendment to protect abortion rights? If the state has restrictions on the books, such as licensing requirements for clinics and a 72-hour waiting period, does the constitutional amendment limit the state’s ability to impose these kinds of restrictions?

Another emerging area of the law is how state constitutions can be used to limit abortion access and parental rights to notice and consent for minors seeking abortions. These ongoing legal battles underscore the complexity of abortion law post-Dobbs, as courts seek to balance state authority and individual rights.

Getting Legal Help

State-level access to abortion continues to change following the elimination of the federal constitutional right to abortion. It’s important to stay up to date on state abortion policies.

If you need assistance navigating state laws or regulations relating to reproductive health or abortion access, please contact an attorney. A healthcare attorney in your area can provide legal advice about enforcing your rights. Having clear guidance can make a difference.