The legal landscape of abortion in the United States has become increasingly complex and varied since the Supreme Court overturned Roe v. Wade in 2022. This landmark decision eliminated the constitutional right to abortion, leaving individual states to regulate or ban the procedure. For individuals seeking clarity on abortion access, understanding Where Are Abortions Legal is paramount. This guide provides a comprehensive overview of abortion laws across the US, detailing the current status in each state and offering crucial information for those seeking reproductive healthcare.
States with Abortion Bans and Severe Restrictions
Following the Dobbs v. Jackson Women’s Health Organization ruling, numerous states have implemented near-total bans or significant restrictions on abortion. These laws vary in their specifics, but they collectively represent a stark reduction in abortion access across large swathes of the country. It’s important to note that the legal battles are ongoing in many of these states, and the status can change rapidly.
States with Full Abortion Bans:
These states have enacted laws that ban abortion in almost all circumstances, often with very limited exceptions for the life of the pregnant person.
- Alabama: Abortion is banned in nearly all cases.
- Arkansas: Abortion is banned in nearly all cases.
- Idaho: Abortion is banned in nearly all cases, although a recent Supreme Court ruling allows emergency abortions while legal challenges continue. The Idaho Supreme Court has stated there is no state constitutional right to abortion.
- Indiana: Abortion is banned in nearly all cases, with the state Supreme Court affirming no constitutional right to abortion except in dire situations. Religious freedom challenges to the ban are ongoing.
- Kentucky: Abortion is banned in nearly all cases. Voters rejected a constitutional amendment in 2022 that would have explicitly stated no right to abortion.
- Louisiana: Abortion is banned in nearly all cases.
- Mississippi: Abortion is banned in nearly all cases.
- Oklahoma: Abortion is banned in nearly all cases.
- South Dakota: Abortion is banned in nearly all cases. Voters rejected a measure in 2024 that would have allowed abortion regulation in the first trimester.
- Tennessee: Abortion is banned in nearly all cases.
- Texas: Abortion is banned in nearly all cases. Texas law uniquely allows private citizens to sue abortion providers and those who assist individuals seeking abortions after approximately six weeks of pregnancy.
- West Virginia: Abortion is banned in nearly all cases.
States with Early Gestational Limits:
These states permit abortion, but only up to a specific point in pregnancy, often significantly earlier than the viability standard previously set by Roe v. Wade (around 24 weeks).
- Florida: Abortion is banned after six weeks of pregnancy. A 2024 ballot measure to enshrine abortion rights in the state constitution failed to reach the required 60% voter approval.
- Georgia: Abortion is banned after six weeks of pregnancy. The Georgia Supreme Court is currently reviewing a challenge to the ban based on the state constitution.
- Iowa: Abortion is banned after six weeks of pregnancy. The Iowa Supreme Court has determined there is no state constitutional right to abortion.
- South Carolina: Abortion is banned after six weeks of pregnancy. The South Carolina Supreme Court upheld this ban in 2023, ruling that state privacy protections do not extend to abortion.
- Nebraska: Abortion is banned after 12 weeks of pregnancy. In 2024, a ballot measure to constitutionally enshrine the abortion ban was supported by a majority, while a measure to protect abortion rights failed.
- North Carolina: Abortion is banned after 12 weeks of pregnancy.
- Utah: Abortion is banned after 18 weeks of pregnancy. A near-total ban remains blocked by the Utah Supreme Court pending ongoing legal challenges.
States Where Abortion is Legal and Protected
In contrast to states with bans and restrictions, many states have taken steps to protect and expand abortion access. These states generally allow abortion up to the point of fetal viability or even throughout pregnancy in some cases. Furthermore, many have enacted legal safeguards to shield abortion providers and patients from legal challenges, particularly from other states with restrictive laws.
States with Broadly Legal Abortion:
These states generally permit abortion up to fetal viability (around 24 weeks of pregnancy) or have no explicit gestational limits.
- Alaska: Abortion is legal with no gestational limit. The State Supreme Court recognizes a right to “reproductive choice” under the state constitution.
- Arizona: Abortion is legal up to viability. Voters enshrined abortion protections in the state constitution in 2024. The state is currently not enforcing a 15-week ban while litigation continues.
- California: Abortion is legal up to viability. The California Supreme Court recognizes a right to abortion, and voters have constitutionally enshrined abortion protections. State law actively protects abortion access and shields individuals from out-of-state laws.
- Colorado: Abortion is legal with no gestational limit. Voters constitutionally protected abortion rights in 2024. State law protects abortion and shields individuals from out-of-state laws.
- Connecticut: Abortion is legal up to viability. State law protects abortion and shields individuals from out-of-state laws.
- Delaware: Abortion is legal up to viability. State law protects abortion and shields individuals from out-of-state laws.
- Hawaii: Abortion is legal up to viability. State law protects abortion and shields individuals from out-of-state laws.
- Illinois: Abortion is legal up to viability. The State Supreme Court recognizes abortion protections under the state constitution. State law protects abortion and shields individuals from out-of-state laws.
- Kansas: Abortion is legal up to 22 weeks. The State Supreme Court has affirmed a right to personal autonomy that includes abortion. Kansans rejected a constitutional amendment in 2022 that would have removed abortion rights.
- Maine: Abortion is legal up to viability, and later if medically necessary. State law protects abortion and shields individuals from out-of-state laws. A 2023 law allows abortion after viability if a doctor deems it medically necessary.
- Maryland: Abortion is legal with no gestational limit. Voters constitutionally protected abortion rights in 2024. State law protects abortion and shields individuals from out-of-state laws.
- Massachusetts: Abortion is legal up to viability. The Massachusetts Supreme Judicial Court recognizes a right to abortion under the state constitution. State law shields individuals from out-of-state abortion restrictions.
- Michigan: Abortion is legal with no gestational limit. Voters constitutionally protected abortion rights in 2022. State law protects abortion, and executive orders shield individuals from out-of-state laws.
- Minnesota: Abortion is legal with no gestational limit. The State Supreme Court recognizes a right to abortion under the state constitution. State law protects reproductive care and shields individuals from out-of-state laws.
- Missouri: Abortion is legal up to viability. Voters constitutionally protected abortion rights in 2024.
- Nevada: Abortion is legal up to viability. Voters supported a measure to constitutionally protect abortion rights in 2024, but it needs to pass again in the next general election. State law protects abortion and shields individuals from out-of-state laws.
- New Hampshire: Abortion is legal up to 24 weeks. Abortion rights are not explicitly protected by state law.
- New Jersey: Abortion is legal with no gestational limit. The New Jersey Supreme Court recognizes a right to abortion under the state constitution. State law protects abortion throughout pregnancy and shields individuals from out-of-state laws.
- New Mexico: Abortion is legal with no gestational limit. State law shields individuals from out-of-state laws.
- New York: Abortion is legal up to viability. Voters constitutionally enshrined equal rights, including reproductive healthcare, in 2024.
- North Dakota: Abortion is legal up to viability. A near-total ban was ruled unconstitutional by a judge in September, and the attorney general is appealing.
- Ohio: Abortion is legal up to 22 weeks. Voters constitutionally protected abortion rights in 2023. Courts are still determining the impact on existing restrictions like waiting periods.
- Oregon: Abortion is legal with no gestational limit. State law protects abortion throughout pregnancy and shields individuals from out-of-state laws.
- Pennsylvania: Abortion is legal up to 24 weeks. Executive orders shield individuals from out-of-state abortion restrictions.
- Rhode Island: Abortion is legal up to viability. State law protects abortion, and executive orders shield individuals from out-of-state laws.
- Vermont: Abortion is legal with no gestational limit. Voters constitutionally protected abortion rights in 2022. State law protects abortion throughout pregnancy and shields individuals from out-of-state laws, including medication abortion.
- Virginia: Abortion is legal up to viability. Abortion rights are not explicitly protected by state law.
- Washington: Abortion is legal up to viability. State law protects abortion and shields individuals from out-of-state laws.
- Washington, D.C.: Abortion is legal with no gestational limit. Local law protects abortion throughout pregnancy and shields providers and patients from laws in other jurisdictions.
- Wisconsin: Abortion is legal up to 22 weeks. A judge ruled in late 2023 that an 1849 law interpreted as a ban did not apply to abortion. The State Supreme Court is reviewing this case.
- Wyoming: Abortion legality is currently complex. A near-total ban and a ban on abortion pills are temporarily blocked by a judge. A separate abortion ban remains indefinitely blocked. For practical purposes, abortion access is currently available up to viability due to court injunctions.
Detailed State Abortion Law Status
For a clearer and more concise overview, the following table summarizes the abortion legality status for each state. This table will be regularly updated to reflect the rapidly changing legal landscape.
| State | Status of abortion | Legal until | More details |
|---|---|---|---|
| Ala. Alabama | Banned | — | Abortion is banned in almost all circumstances. |
| Ark. Arkansas | Banned | — | Abortion is banned in almost all circumstances. |
| Idaho Idaho | Banned | — | Abortion is banned in almost all circumstances, and the Idaho Supreme Court ruled in 2023 that there is no constitutional right to an abortion in the state. A U.S. Supreme Court ruling will allow access to emergency abortions while lower courts decide if the state’s ban violates a federal law requiring emergency care for any patient. |
| Ind. Indiana | Banned | — | Abortion is banned in almost all circumstances. In 2023, the Indiana Supreme Court ruled that the state Constitution does not include a right to abortion except in dire situations. A separate challenge to the ban by residents who argue that it violates their religious rights is ongoing. |
| Ky. Kentucky | Banned | — | Abortion is banned in almost all circumstances. In 2022, voters rejected a ballot measure that would have amended the state Constitution to say it did not contain the right to an abortion. |
| La. Louisiana | Banned | — | Abortion is banned in almost all circumstances. |
| Miss. Mississippi | Banned | — | Abortion is banned in almost all circumstances. |
| Okla. Oklahoma | Banned | — | Abortion is banned in almost all circumstances. |
| S.D. South Dakota | Banned | — | Abortion is banned in almost all circumstances. In 2024, voters rejected a ballot measure that would have prohibited regulation of abortion in the first trimester. |
| Tenn. Tennessee | Banned | — | Abortion is banned in almost all circumstances. |
| Texas Texas | Banned | — | Abortion is banned in almost all circumstances. Private citizens can sue abortion providers and those who assist patients who are seeking an abortion after about six weeks of pregnancy. |
| W.Va. West Virginia | Banned | — | Abortion is banned in almost all circumstances. |
| Fla. Florida | Gestational limit | 6 weeks | Abortion is banned after about six weeks of pregnancy. In 2024, a majority of voters supported a ballot measure that would have enshrined the right to abortion in the state Constitution, but it fell short of the 60 percent needed to win. |
| Ga. Georgia | Gestational limit | 6 weeks | Abortion is banned after about six weeks of pregnancy while the Georgia Supreme Court considers an appeal to a lower court decision that ruled the ban violated the state Constitution. |
| Iowa Iowa | Gestational limit | 6 weeks | Abortion is banned after about six weeks of pregnancy. The Iowa Supreme Court found that the state Constitution does not protect a right to abortion. |
| S.C. South Carolina | Gestational limit | 6 weeks | Abortion is banned after about six weeks of pregnancy. The South Carolina Supreme Court upheld the ban in 2023, finding that the state Constitution’s privacy protections do not extend to abortion. |
| Neb. Nebraska | Gestational limit | 12 weeks | Abortion is banned after 12 weeks of pregnancy. In 2024, a majority of voters supported a ballot measure to enshrine the state’s abortion ban in the state Constitution. Support for an opposing measure to protect abortion fell short. |
| N.C. North Carolina | Gestational limit | 12 weeks | Abortion is banned after 12 weeks of pregnancy. |
| Utah Utah | Gestational limit | 18 weeks | Abortion is banned after 18 weeks of pregnancy. The Utah Supreme Court upheld a block on a near-total ban while a challenge to the law proceeds in a lower court. |
| Mont. Montana | Ban blocked | Viability | Voters enshrined abortion protections in the state Constitution in 2024, which will take effect in 2025. Several restrictions have been blocked by a court. |
| Wyo. Wyoming | Ban blocked | Viability | A judge has temporarily blocked a ban on most abortions and another law that explicitly bans the use of abortion pills. A separate ban on most abortions remains indefinitely blocked. |
| Ariz. Arizona | Legal | Viability | Voters enshrined abortion protections in the state Constitution in 2024. The state will not enforce an existing 15-week abortion ban while litigation against it proceeds. |
| Alaska Alaska | Legal | No limit | The State Supreme Court has recognized a right to “reproductive choice” under the state Constitution. |
| Calif. California | Legal | Viability | The California Supreme Court has recognized a right to abortion and voters explicitly enshrined abortion protections in the state Constitution in 2022. State law protects abortion and shields patients and providers from laws in other states. |
| Colo. Colorado | Legal | No limit | Voters enshrined abortion protections in the state Constitution in 2024. State law protects abortion and shields those seeking or providing the procedure in Colorado from laws in other states. |
| Conn. Connecticut | Legal | Viability | State law protects abortion and shields those seeking or providing abortions in Connecticut from laws in other states. |
| Del. Delaware | Legal | Viability | State law protects abortion and shields those seeking or providing abortions in Delaware from laws in other states. |
| Hawaii Hawaii | Legal | Viability | State law protects abortion and shields those seeking or providing abortions in Hawaii from laws in other states. |
| Ill. Illinois | Legal | Viability | The State Supreme Court has recognized abortion protections under the state Constitution. State law protects the procedure and shields those seeking or providing abortions in Illinois from laws in other states. |
| Kan. Kansas | Legal | 22 weeks | The State Supreme Court ruled in 2019 that a pregnant woman’s right to personal autonomy is protected in the state Constitution, and in 2022, Kansans rejected a ballot measure that would have removed the right to abortion from the state Constitution. |
| Maine Maine | Legal | Viability | State law protects abortion and shields those seeking or providing abortions in Maine from laws in other states. A 2023 law allows an abortion past the point of fetal viability if a doctor decides it is medically necessary. |
| Md. Maryland | Legal | No limit | Voters enshrined abortion protections in the state Constitution in 2024. State law protects abortion and shields those seeking or providing abortions in Maryland from laws in other states. |
| Mass. Massachusetts | Legal | Viability | The Massachusetts Supreme Judicial Court has recognized the right to abortion under the state Constitution. A law shields those seeking or providing abortions in Massachusetts from laws in other states, regardless of the patient’s location. |
| Mich. Michigan | Legal | No limit | Voters enshrined abortion protections in the state Constitution in 2022. State law protects abortion and an executive order shields those seeking or providing abortions in Michigan from laws in other states. |
| Minn. Minnesota | Legal | No limit | The State Supreme Court has recognized the right to abortion under the state Constitution. State law protects a right to reproductive care and shields those seeking or providing abortions in Minnesota from laws in other states. |
| Mo. Missouri | Legal | Viability | Voters enshrined abortion protections in the state Constitution in 2024. |
| Nev. Nevada | Legal | Viability | Voters supported a ballot measure to enshrine abortion protections in the state Constitution in 2024, but the measure must pass again in the next general election before it can take effect. State law protects abortion and shields those seeking or providing abortions in Nevada from laws in other states. |
| N.H. New Hampshire | Legal | 24 weeks | Abortion is not expressly protected by state law. |
| N.J. New Jersey | Legal | No limit | The New Jersey Supreme Court has recognized the right to abortion under the state Constitution. State law protects abortion throughout pregnancy and shields those seeking or providing abortions in New Jersey from laws in other states. |
| N.M. New Mexico | Legal | No limit | State law shields those seeking or providing abortions in New Mexico from laws in other states. |
| N.Y. New York | Legal | Viability | Voters enshrined equal rights protections, including those for reproductive health care and autonomy, in the state’s bill of rights in 2024. |
| N.D. North Dakota | Legal | Viability | Abortion is legal in North Dakota, after a judge ruled in September that a near-total ban was unconstitutional. The attorney general is pursuing an appeal of the ruling. |
| Ohio Ohio | Legal | 22 weeks | Voters enshrined abortion protections in the state Constitution in 2023. Courts are still deciding how the amendment affects existing abortion restrictions, such as waiting periods and consent requirements. |
| Ore. Oregon | Legal | No limit | State law protects abortion throughout pregnancy and shields those seeking or providing abortions in Oregon from laws in other states. |
| Pa. Pennsylvania | Legal | 24 weeks | An executive order shields those seeking or providing abortions in Pennsylvania from laws in other states. |
| R.I. Rhode Island | Legal | Viability | State law protects abortion and an executive order shields those seeking or providing abortions in Rhode Island from laws in other states. |
| Vt. Vermont | Legal | No limit | Voters enshrined abortion protections in the state Constitution in 2022. State law protects abortion throughout pregnancy and shields those seeking or providing abortions in Vermont from laws in other states, including those using medication abortion. |
| Va. Virginia | Legal | Viability | Abortion is not expressly protected by state law. |
| Wash. Washington | Legal | Viability | State law protects abortion and shields those seeking or providing abortions in Washington from laws in other states. |
| D.C. Washington, D.C. | Legal | No limit | Local law protects abortion throughout pregnancy and shields providers and patients from laws in other jurisdictions. |
| Wis. Wisconsin | Legal | 22 weeks | In late 2023, a Wisconsin judge ruled that an 1849 law widely interpreted as a ban did not apply to abortion. The State Supreme Court, which has a liberal majority, will consider that case and another challenge to the 175-year-old law. |
Navigating the Complexities of Abortion Access
The information provided here is for general informational purposes only and does not constitute legal advice. Abortion laws are subject to change, and it is crucial to consult with legal experts or reproductive rights organizations for the most up-to-date and accurate information in your specific location.
For individuals seeking abortion services, understanding the legal status in their state and neighboring states is essential. Resources like the Planned Parenthood website, the Guttmacher Institute, and state-specific abortion funds can offer further assistance in navigating this complex landscape and accessing necessary healthcare. The fight for reproductive rights continues across the US, and staying informed is a vital step in ensuring access to abortion for all who need it.
