The legal landscape of abortion in the United States has become increasingly complex and fragmented since the Supreme Court overturned Roe v. Wade in June 2022. This landmark decision eliminated the constitutional right to abortion, leaving individual states to regulate or ban the procedure. As a result, access to abortion varies significantly across the country, with some states enacting near-total bans while others have expanded protections. This guide provides an up-to-date overview of where abortion is legal in the US.
States with Abortion Bans and Gestational Limits
In several states, abortion is banned entirely or severely restricted based on gestational age. These restrictions are actively enforced, although legal challenges continue in many regions.
States with Full Abortion Bans
Currently, a number of states have implemented near-total abortion bans, meaning abortion is illegal in almost all circumstances. These states include:
- Alabama
- Arkansas
- Idaho
- Indiana
- Kentucky
- Louisiana
- Mississippi
- Oklahoma
- South Dakota
- Tennessee
- Texas
- West Virginia
In these states, individuals seeking abortion access face significant barriers, and abortion services are largely unavailable unless to save the life of the pregnant person.
States with Early Gestational Limits
Other states have implemented gestational limits, restricting abortion access after a specific point in pregnancy. These limits vary:
- Six Weeks: Some states ban abortion after approximately six weeks of pregnancy, often before many individuals are even aware they are pregnant. States with this limit include Florida, Georgia, Iowa, and South Carolina.
- Twelve Weeks: A few states have set the gestational limit at twelve weeks of pregnancy. These include Nebraska and North Carolina.
- Eighteen Weeks: Utah currently restricts abortion after 18 weeks of pregnancy.
It’s important to note that these gestational limits are calculated from the first day of the woman’s last menstrual period, not from conception.
States Where Abortion is Legal
Conversely, many states have taken steps to protect and expand abortion access. These states generally fall into categories where abortion is broadly legal or where bans have been legally blocked.
States Where Abortion is Legal
In a significant portion of the United States, abortion remains legal, often up to the point of fetal viability (around 24 weeks of pregnancy), and in some cases, without specific gestational limits. These states include:
- Alaska
- Arizona
- California
- Colorado
- Connecticut
- Delaware
- Hawaii
- Illinois
- Kansas
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Missouri
- Nevada
- New Hampshire (limits at 24 weeks)
- New Jersey
- New Mexico
- New York
- Ohio (limits at 22 weeks)
- Oregon
- Pennsylvania (limits at 24 weeks)
- Rhode Island
- Vermont
- Virginia
- Washington
- Wisconsin (limits at 22 weeks)
- Washington, D.C.
Many of these states have also enacted shield laws to protect abortion providers and patients from legal actions originating in states with abortion bans.
States Where Bans are Blocked
In a few states, abortion bans or severe restrictions have been temporarily or indefinitely blocked by court orders. This means that while legal battles continue, abortion access is currently protected, typically up to fetal viability. These states include:
- Montana
- North Dakota
- Wyoming
The legal status in these states is subject to change as litigation progresses.
Staying Informed About Abortion Legality
The legal landscape surrounding abortion access in the US is dynamic. Court decisions, legislative actions, and ballot measures can quickly alter the status of abortion legality in any given state. For individuals seeking abortion services or for anyone interested in tracking these developments, it is crucial to stay informed through reputable news sources and legal advocacy organizations.
This information is for general guidance and should not be considered legal advice. For specific legal questions, consult with a qualified legal professional. Always verify the most current laws and regulations with your state’s official sources or a relevant legal expert, as abortion laws can change rapidly.
