| Alabama |
|---|
| Abortion is now limited to the preservation of the life or health of the mother. Ala. Code § 13A-13-7. |
| Alaska |
|---|
State Supreme Court has read a right to abortion into the state constitution. “[T]he right to an abortion is the kind of fundamental right and privilege encompassed within the intention and spirit of Alaska’s constitutional language.” Valley Hosp. Ass’n, Inc. v. Mat-Su Coalition for Choice, 948 P.2d 963, 968 (Alaska 1997). |
| Arizona |
|---|
| State law allows for abortions until 15 weeks of pregnancy, and for a medical emergency beyond that point. SB 1164. |
| Arkansas |
|---|
| Arkansas Human Life Protection Act would limit abortion to the saving of the life of the mother. Ark. Code Ann. §§ 5-61-304. |
| California |
|---|
| Abortion was enshrined into the state constitution. CA SCA10 (2022). |
| Colorado |
|---|
| State law places no limits on elective abortions. HB22-1279 |
| Connecticut |
|---|
| By state law, “The decision to terminate a pregnancy prior to the viability of the fetus shall be solely that of the pregnant woman in consultation with her physician.” CT Gen Stat § 19a-602. (2022). |
| Delaware |
|---|
| State law protects abortion before viability and for the mother’s health and life after viability. 24 DE Code § 1790 (2022). |
| Florida |
|---|
| State law limits abortions to 15 weeks of pregnancy. (HB5) The State Supreme Court has read an abortion right into the state constitution’s privacy right. In re T.W., 551 So. 2d 1186 (Fla. 1989). Gov. Ron DeSantis signed the Heartbeat Protection Act, a six-week life bill, which will be reviewed by Florida Supreme Court. SB 300 |
| Georgia |
|---|
| State law restricts abortions after a heartbeat is detected (about six weeks gestation), except in specific circumstances. HB 481. |
| Hawaii |
|---|
| State law allows abortion: “The State shall not deny or interfere with a female’s right to choose or obtain an abortion of a nonviable fetus or an abortion that is necessary to protect the life or health of the female.” Haw. Rev. Stat. § 453-16(c). |
| Idaho |
|---|
| Abortions following the detection of a fetal hearbeat is prohibited. State law limits abortions except when necessary to save the life of the mother and cases of rape or incest. Idaho Code § 18-622. |
| Illinois |
|---|
| State law establishes a fundamental right to an abortion. 775 ILCS 55. |
| Indiana |
|---|
| State law bans abortion after viability. Ind. Code 16-34-2-1(a)(1). But the law has enjoined by state courts. It is, therfore, still allowed up to 20 weeks of pregnancy. |
| Iowa |
|---|
| Iowa's heartbeat law has been blocked by state courts (Planned Parenthood of the Heartland v. Reynolds). The state supreme court has said there is no fundamental right to abortion guaranteed under the state constitution. It remains legal up to 22 weeks at the moment. |
| Kansas |
|---|
| Similar to what the United States Supreme Court did in Roe, the Kansas Supreme Court invented a “right” to abortion in the state constitution. Hodes & Nauser, MDs v. Schmidt, No. 114,153 (2019). Abortion limited to 22 weeks (65-6724). |
| Kentucky |
|---|
| State law limits abortions except in cases “to prevent death or substantial risk of death” of the mother. Ky. Rev. Stat. § 311.772. |
| Louisiana |
|---|
| State law limits abortions except “to prevent the death or substantial risk of death due to a physical condition, or to prevent the serious, permanent impairment of a life-sustaining organ of a pregnant woman.” LA RS §40:1061. |
| Maine |
|---|
| Has a law that essentially codifies Roe and Casey in state law, preserving its policies beyond a possible Court reversal. 22 MRSA §1598. |
| Maryland |
|---|
| Has essentially codified the Roe/Casey regime in state law, so that the policies will prevail beyond Roe’s reversal. MD Health-Gen Code § 20-209 (2019). |
| Massachusetts |
|---|
| Similar to what the United States Supreme Court did in Roe, the Supreme Court of Massachusetts invented a “right” to abortion in the state constitution that will continue beyond a possible Roe reversal. Moe v. Secretary of Administration and Finance, 382 Mass. 629 (1981). Abortion limited to 24 weeks (Mass. General Laws c.112 § 12M). |
| Michigan |
|---|
| Abortion has been enshrined in the state constitution(Mich. Comp. Laws § 28). Limited after viability (HB 5542). |
| Minnesota |
|---|
| Similar to what the United States Supreme Court did in Roe, the Minnesota Supreme Court invented a “right” to abortion in the state constitution that will continue beyond a possible Roe reversal. Doe v. Gomez, 542 N.W.2d 17 (1995). |
| Mississippi |
|---|
| State law limits abortion to cases “where necessary for the preservation of the mother’s life or where the pregnancy was caused by rape.” Miss. Code Ann. § 41-41-45. |
| Missouri |
|---|
| State law limits abortion except when performed because of a “medical emergency.” Mo. Rev. Stat. §188.017. |
| Montana |
|---|
| Montana law preserves the Roe/Casey viability line. And after viability it allows abortion to preserve the life and health of the mother. 50-20-109, MCA. |
| Nebraska |
|---|
| Nebraska legislation allows abortions up to twelve weeks and after when there is abuse or neglect or to protect the life or health of the mother (LB574). |
| Nevada |
|---|
| “Right” to abortion established by statute and affirmed by referendum (1990) “Within 24 weeks after the commencement of the pregnancy.” And after 24 weeks to preserve the life or health of the mother. NRS §442.250 (1973). |
| New Hampshire |
|---|
| State statute limits abortion to 24 weeks, except for medical emergencies. HB 2 §37-40 (2021). |
| New Jersey |
|---|
| No restrictions at any stage of pregnancy. |
| New Mexico |
|---|
| All abortion restrictions have been repealed (SB 10). There are no gestational limits (HB 7). Partial-birth abortion prohibited except to save the life or to “prevent great bodily harm” to the mother, where “no other medical procedure would suffice.” NM Stat § 30-5A-3 (2016). |
| New York |
|---|
| State statute promotes a “fundamental right” to abortion. NY PBH §2599-AA (2019). Permitted for any reason before 24 weeks, and after if there “is an absence of fetal viability” or for the life or health of the mother. S.240 (2019). |
| North Carolina |
|---|
| Allows abortion up to 12 weeks, and after for medical emergencies (SB20). |
| North Dakota |
|---|
| State law limits abortion to six weeks of pregnancy except when intended to prevent the death of the mother, in cases of “gross sexual imposition, sexual imposition, sexual abuse of ward, or incest.” (2150). More robust protections for the unborn has been blocked in state court. |
| Ohio |
|---|
| State statute allows abortions before viability up to 20 weeks. And after to prevent death or “serious risk of the substantial and irreversible impairment of a major bodily function” of the mother (Sub. S. B. No. 23). |
| Oklahoma |
|---|
| State law prohibits abortion “unless the same is necessary to preserve [the mother’s] life.” O.S. §, 21-32-861. |
| Oregon |
|---|
| No restrictions on the “right” to abortion which the state promotes by forcing private health insurance plans to cover it with no out-of-pocket costs through its Insurance Code. HB 3391. |
| Pennsylvania |
|---|
| Allows abortion for any reason up to 24 weeks, and after “to prevent either the death of the pregnant woman or the substantial and irreversible impairment of a major bodily function” of the mother. SB 378. |
| Rhode Island |
|---|
| State code authorizes abortion before viability, and after “when necessary to preserve the health or life” of the mother. RI Gen. Laws § 23-4.13-2. |
| South Carolina |
|---|
| State code authorizes abortion up until the second trimester, and in the third in order “to preserve the life or health” of the mother. SC Code Ann. §§ 44-41-20. |
| South Dakota |
|---|
| State law limits abortions to cases where it is deemed necessary “to preserve the life” of the mother. S.D. Codified Laws § 22-17-5.1. |
| Tennessee |
|---|
| State law limits abortion to cases where it is deemed “necessary to prevent the death… or to prevent serious risk of substantial and irreversible impairment of a major bodily function” of the mother. Tenn. Code Ann. § 39-15-213. |
| Texas |
|---|
State law limits abortion to cases where it is deemed necessary to protect the life of the mother or where she faces a serious risk of substantial impairment of major bodily function. TX HB1280 (2021). |
| Utah |
|---|
State law currently limits abortion to 18 weeks of pregnancy with exceptions for cases where it is deemed necessary to avert death or serious risk of substantial and irreversible impairment of major bodily function, and cases of rape or incest. (H.B. 136) |
| Vermont |
|---|
State has codified “the fundamental right of every individual who becomes pregnant” to have an abortion. the fundamental right of every individual who becomes pregnant |
| Virginia |
|---|
Abortion will be allowed in almost all circumstances – limited only by an artificial requirement in the third trimester to where “the continuation of the pregnancy is likely to result in the death of the woman or substantially and irremediably impair the mental or physical health of the woman.” Va. Code §18.2-72-74. |
| Washington |
|---|
State code declares “Every woman has the fundamental right to choose or refuse to have an abortion” prior to viability and limits it after viability to the “life or health” of the mother. |
| West Virginia |
|---|
| State code limits abortion to only cases where it is “done in good faith, with the intention of saving the life” of the mother or the child. In cases of sexual assault, it is allowed up to 8 weeks of pregnancy. W. Va. Code §61-2-8. |
| Wisconsin |
|---|
| State code limits abortion to instances when it is necessary to save the life of the mother. WI Stat § 940.04 (2020). |
| Wyoming |
|---|
| State code limits abortion after viability to instances where it is necessary to preserve the mother from an imminent peril that substantially endangers her life or health. WY Stat § 35-6-102. |
